admonition and none should be vively described except by publick vices alwayes damnable 3. That there should be no summary Excommunication untill the next Generall assembly 4. That there should be no meetings among ministers except in Church judicatories and afterward they appoint fourteen of their number to reason upon the rest of the questions The next year Anno 1597. there is another Assembly at Dundee which being corrupted doth grant 1. That Ministers in their exercises at Presbyteries should make no application of doctrine 2. That Presbyteries should meddle with nothing but what without all question is Ecclesiasticall 3. That summare Excommunication be suspended 4. That Presbyteries should desist upon his Majesties desire Also at the kings desire they choose fourteen of their number giving power to them or any seven of them to advise with his Maj. about a way of setling stipends unto ministers to provide ministers to eminent places of the Countrey to present petitions grievances of the Church to his Maj. to give his Maj. advice in maters serving for the good of the Church These pretexts seemed plausible to many but the event will shew what was really intended For ere long these Commissioners as they were called incroach upon the power of Presbyteries Synods whether the Presbytery of Saint Andrews would or not did put both Mr Wallace Mr Black from the Church of Saint Andrews put in one Mr George Gladstons then at their own hand they did supplicat the Parliament which conveened in December That ministers as representing the Church the third Estate of the Kingdome might have liberty to vote in Parliament an evill under which the Church had been groaning before of a long time The parllament thinking but without ground that the ministers would never take upon them the titles of the former Prelats passed this Act. That such ministers as his Maj should be pleased to provide to the place title and dignity of a Bishop Abbot or other prelate should have that liberty and as concerning their office in the spirituall policy of the Church it was remitted to be advised by his Maj aggreed upon with the Generall Assembly that without prejudice of the spirituall Jurisdiction Discipline of the Church permitted to Generall Assemblies Synods Presbiteries Sessions established by Law Then they move the King to call an Assembly at Dundee before the time appoynted to the end they might get their own deed approven where after much worke after many threatenings to some promises to others made by the King himself who was there present had commanded Mr Melvin Mr Iohnston Professours of Theology in St. Andrewes forth of the town under the paine of banishment their deed is approven But zealous faithfull Mr Davidson arose protested in his own name in name of all the ministers of Scotland who would adhere to his protestation against that Assembly the two last preceeding Assemblies as null not lawfull when he removed severall of the ministers followed him subscribed the same The meeting went on renewed the former Commission unto twenty Commissioners whereof nine should be a quorum among whom was Mrs Iames Nicolson George Gladstones David Lindsay Alexander Lindsay Andro Knox Gavin Hamilton Alexander Douglas whom the king by any means would have named who were all bishops afterward Thereafter there were severall meetings as one at Falkland Iuly 29. 1598. where were some debates about this mater some cautions condiscended on limiting these Parliamentary Ministers To propone nothing without expresse warrant from the Church To be accomptable to the Generall Assembly subject to their Presbitery Synod To usurp no power of Jurisdiction or Ordination but every way else to cary themselves as other ministers the like to all these other points necessary they were bound to swear subscribe But how litle regard was had to these Cautions sworne subscribed may be seen by what Spotiswood sayeth in his History pag. 453. viz That it was neither the Kings intention nor the mindes of the wiser sort to have these Cautions stand in force but to have matters peaceably ended the Reformation of the policy made without any noise they gave way to these conceits So was there another Meeting at Halyrood house in November 1599. but in all these meetings the honest party could prevail nothing the king did so violently cary on his purpose Anno 1600. There is a Generall Assembly at Montrose where the matter is againe debated but no answer made to the arguments of the honest party onely the Kings authority is made use of as an answer to all And so at length what by menaces what by flatterings made by the king himself who was there present the former resolutions are concluded onely they allow of the Cautions condiscended on at Falckland will have these Parliamentary Ministers to give an accompt yearly unto the Generall Assembly lay down their Commission But these Commissioners or Parliamentary ministers being mounted up so high thought it below them to stand to any promise or condition having never resolved so to do as we have heard out of Spotiswood who in his latine pamphlet called Refutatio libelli c. sayeth also the same Conditiones quod attinet quas foede violatas clamitat in nonnullas utpote aequas jujlas facile assensum aliae pro tempore magis quo contentiosis omnis rixands ansa praeriperetur quam animo in perpetuum observandi acceptae that there were some of these Cautions which they never intended to keep onely they did accept of them that more peaceably they might be put in possâ—…ssion of that which they were gapeing for Thus it is undenyable that these men arose to Prelacy by open and avowed perjury as their successours of late have done Anno 1601 1602. The Assemblies follow forth his Maj. designe for there was a complaint given in by the Synod of â—…ife against these Parliamentary ministers as breaking all bounds cautions but they are not heard That assembly 1602. do indict their next meeting at Aberdeen in July 1604. but the Parliamentary ministers fearing that they should be called to an account move the king to prorogue the same unto July 2 An. 1605. yet the Commissioners from St Andrews presbitery viz Mrs Iames Melvin William Erskin William Murray went to Aberdeen the day appoynted presented their Commissions taking Instruments in the hands of two publick Notars before some ministers of the towne others When the next dyet Anno 1605. was approaching they move the King to prorogue againe the Assembly unto an indefinit time therefore from London he sendeth to the Commissioners to stay the meeting of the Assembly untill he gave advertisement wherupon they write to severall Presbiteries in the South pairts adviseing them not to choose Commissioners to meet at Aberdeen the fifth day of July of purpose to deceive
is one that are so intrusted by law to call for such promises engadgments do search into mens apprehensions concerning the grounds of their power or not yet the very promiseing of obedience in things lawfull for in things unlawfull obedience must not be promised to any lawfull power under heaven is an acknowledgment of the lawfulnesse of their power of subjection as due unto them an owneing of them as lawfull officers lawfully installed authorized because this could not be done therefore neither could the other be done He replyeth 1. It is not obedience under a reduplication and as formally obedience they call for If it be obedience materiall they are satisfied Ans. And what more doth the most lawfull power under heaven ask do they search into the principles of mens doing such such acts do they examine the reduplications under which they act But. 2. Whether they call for it under that reduplication or not It is reall obedience they call for and. 3. The promiseing of obedience under whatsoever reduplication hath in its bosome an acknowledging of the lawfulnesse of the authority calling for such obedience He replyeth 2. Suppose it were so that obedience as formally obedience were required yet it were hard to say it could not be promised or that it could not be acknowledged that they have any laâ—…full authority for looking upon them as the Kings Maj. commissioners in causes ecclesiasticke for regulating the externall order of the Church in their severall bounds and impowered by the law of the land so to do the strickest presbyterians will not finde ground to disowne their office in that consideration Ans. Then 1. Prelats are nothing else but the Magistrats commissioners have no power or authority jure divino by any warrant of Gods law more then any other of the Magistrat's commissioners 2. whence had the prelats in the first three hundered yeers if so be there was any such as this author is bold enough to affirme but faileth in his undertaking to prove it their commission had they it from Nero the rest of the persecuting heathenish Emperours and if they had no commission from them whence had they their power or by what commission did they act or how could they be Bishops without such a commission How will this advocat extricate himself out of these difficulties evite a contradiction But. 3. If they be the Magistrat's commissioners in causes ecclesiasticke their power must reach no further then the Magistrats power doth in Church causes viz the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or his externall order If he streach it no surder How then cometh it to passe that they meddle with more then what concerneth the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or will hâ—… say that all the causes which prelats as prelats meddle with are but such ecclesiasticke causes As are for the regulating the externall order of the Church Then he must say that their chief power in ordination their chief if not only power in jurisdiction floweth from the Magistrat by vertue of his commission they act in that sphaere capacity and if he say so he speaketh plainely but without any ground in the word for then Magistrats might ordaine alone at least have a chief hand in ordaineing with others for what they may commissionate others to do in their name they may do themselves But how or what way shall we see this proved Where will he shew any example of any Magistrat as such ordaineing or deposeing Ministers censureing or excommunicating Offenders since the World began What a wilde notion must this be then And if this be the Basis which is so rotten let any judge what the superstructure must be It were tedious here to lanch forth into this debate concerning the Magistrats power in Church matters But sure it was never the doctrine of the Church of Scotland noâ—… of any reformed Church that what power the Prelats challenge to themselves as such did primarily belong unto reside in the hand of the civill Magistrat might be derived by commission from him unto them And this must be granted as a truth if it be once said that prelats Act in Church matters by vertue of a commission from the supreme Magistrat for a commission is distinct from a command the supreme Magistrat may command ministers to preach baptize do what himself cannot do for the doing whereof ministers borrow no power from him but he cannot propperly give them any commission for that effect The giving of a commission importeth the conveyance of a power for effectuating that which is to be done by the commissioner and that the person granting the commission might himself do that which he commissionateth others to do See this consequence fully cleared by famous Voctius Polit Eccles. pag. 146. arg 12. But now if there were no more to hinder any from acknowledging such a power in the prelats this is sufficient that it is granted they have all that power over presbyters by being his Maj. commissioners that they have all that power derived from him consequently that they have no such power at all because he from whom they derive that power by a commission hath no such power himself The confession of faith of the Church of Scotland acknowledgeth no such power in the civill Magistrat The scriptureâ—… by which all are to regulat their actions in the Church of God giveth warrand for no such power No reformed divine except Arminians Erastians doth acknowledge any such power nor any confession of faith of any of the reformed Churches Behold then Reader see what monsters the Prelats are swollen up to that bignesse with mere winde phancies observe by what art they ascend They make the supreme Magistrat beleeve that all the power belongeth unto him to the end he may devolve it back againe over on them by a commission so authorize them according to that Tu facis hunc dominum te facit ille deum Thus you see they derive their power a non-habente potestatem from such as have it not to give therefore their commission is simpliciter null cannot be acknowledged by any faithfull minister or Christian Nor can their power be submitted unto And hence also it is clear what reason these honest Ministers had to refuise this acknowlegment not to take the canonicall oath which was so contradictory unto the oath of the Covenant But he replyeth That there is no contradiction betwixt the covenant and that canonicall oath or promise of obedience to the prelate because Timorcus who is tender in the matter of oaths maintaineth that the ministers who of old took the canonical oath did not swear the contradictory there to when they took the covenant whâ—…nce it will follow necessaryly that they who have taken the Covenant do not contradict that oath if they should take the oath of canonical obedience Ans. Though this canonicall oath should not contradict the second
the work of first preaching propagating the Gospell could be done by none after them when they had done it themselves but that was not their ordinary office if Mr Stillingfleet speak truth here If this office did cease by God's warrand then how can any raise it up againe without his expresse warrand for either it was the Lord's will when he caused it to cease that it should cease till he was pleased to make use of it againe or till men pleased to raise it up at their owne pleasure This last cannot be proved therefore seing God thought fit to lay is aside gave no signification of his minde when the Churâ—… should be at liberty to make use of it againe It must now be aâ—… new office unwarranted of God so unlawfull 4. That rule thâ—… to make a thing unlawfull which was before lawfull there must be some expresse prohibition for bidding any furder use of such power will not alwayes hold in this case because some othâ—… thing may be equivalent unto an exprese prohibition 〈◊〉 when God removeth the speciall propper work of such an office the speciall proper qualifications with which such officers were endued when those cease the office ceaseth God thereby declareth that the office work was extraordinary therefore should not continue As for Example in the primitive Church there were some Prophets these were distinct from Apostles Evangelists Pastors c. so were there workers of Miracles such as had the the gift of healing of speaking with tongues And when God withdrew those gifts fiting those offâ—…cers for the work unto which they were then called did he not therby declare that it was his will that that office should cease was there a necessity for any other expresse probition And because of the want of this expresse prohibition will it be lawfull now for any to set up such officers offices in the house of God when God giveth not the qualifications so giveth not the call thereunto So is it in this case of the Apostles when their qualifications their speciall work ceased their office ceased there will be no call for such officers till there be fit work God give fit qualifications without a call warrand it must be unlawfull to set up such an office againe This will be clearer if it be considered what was the speciall work of an Apostle It was this A planting of Churches setling of the Gospell government in them by insâ—…nteing the standing officers thereof that by an eminent power immediatly granted by Christ to them solely This was their speciall work this ceased with them so did their office with it As also the qualifications And therefore it would be unlawfull now for a Church at here own hand to set up such an officer againe though there be no expresse probition By this it is clear 5. That the power office of Apostles laid no foundation for prelaticall power the work belonging to them as such being altogether extraordinare It is true their power did extend over many Churches pastours but yet 1. They were not fixed to such such particular dioecies as propper to themselves but sometimes moe of them were to gether in one place following their work Nor. 2. Did they account themselves the sole pastors of such or such a Church after other ministers had been ordained there 3. â—…or did they ordaine alone in Churches constituted nor 4 Did they exerce jurisdiction alone but alwayes they joyned others with them in Churches setled 5. They assumed to themselves no negative voice either in ordination or jurisdiction so in them there could be no foundation for prelacy laid even as to their common work or work of a lasting nature which did not properly peculiarly appertaine to them as Apostles 6. Neither finally were they consecrated ordained after the manner that prelats are now consecrated being first made Deacons next Presbyters then Bishops so that there is a vaste disparity But distrusting this answer he giveth a second § 12. to this purpose The extending of any Ministeriall power is not the appoynting of a new office because every Minister hath a relation Actu primo to the whole Church of God the resiraint enlargment of which power is subject to positive determinations of prudence conveniency in Actu secundo The exercise and execution of the power of order belongeth to every one in his personall capacity but as to the power of jurisdiction though it belong habitually and Actu primo to each presbyter yet being about matters of publicke and common concernment the limit ation and exercise of it belongeth to the Church in common such is the power of visiting Churches of ordination and censures and when this is devolved to some particular persons by the rest of the pastors or by the Magisrat quoad executionem it belongeth to them Ans. 1. This contradicteth the former answer for the former answer did suppone that these were distinct officers from presbyters because their office was such as the ordinary office of the Apostles and the Apostles were distinct from other Church officers even by their office not in respect only of their extraordinare mission or power of working miracles But this answer affirmeth them to be one the same with presbyters But. 2. By this answer he might plead for the Pope for every Minister in actis primo hath a relation to the whole Church so might be a Pope if the supreme Magistrat or the rest of the Ministers would devolve upon him the execution of the power of jurisdiction so the Pope is no new officer but a mere presbyter only his power of jurisdiction is enlairged So may he plead for Cardmals Patriarchs Primats Archbishops as well as for Bishops But it will be objected that the Pope pretendeth to some other thing as the warrand of his power even to a jus divinum Ans. so do prelats but with Mr Stillingfleet all is one whether that be pretended unto or not for it is no matter what they say of themselves but what any may feigne of them to the end they may both deceive others be deceived themselves This is as if one would defend a man who had taken upon himself to be a King of such or such a common wealth contrare to the fundamentall lawes of the land and would alledge that he were no distinct officer from any other member of Parliam because for sooth the power of Government as to its execution is subject to positive determinations Parliaments may do commissionat some of their number to some eminent piece of work as to be a Generall or the like he who calleth himself King is nothing else notwithstanding that he rule the commonw with as absolute power unlimited as ever King did Sure any man of understanding would smile at such a defence and just
Hierarchy otherwise they should have condemned all the other articles of popery only in so far as they did depend on him no otherwise And so should have yeelded that if the King by vertue of his headshipe over the Church should command enjoyn the practice of any of those articles condemned in the Covenant they might be done in obedience unto him if they were abjured only as they had dependence on the Pope came from him But this is false for they are condemned as being a part of a contrary religion and doctrine damned and confuted by the word of God and Kirk of Scotland so upon the same account are the Prelats abjured whether they depend upon an ecclesiastick Pope or upon a civill Pope whether they be Apostolicae sedis gratiâ Episcopi or Iacobi or Car ligratiâ Episcopi they are damned confuted by the word of God are not Christigratiâ Episcopi And so are abjured as unwarranted officers in the house of God even as ordination marriage are degraded from being sacraments so are they from being Church officers But to put a close to this second particular it would be considered that in the Covenant the office of prelats is abjured when the hierarchy is abjured the same way that confirmation extreme unction are abjured when the five bastard sacraments are abjured that is to say both the use the abuse is abjured for they both want warrand in the word therefore ought not to be to maintaine either is to maintaine false Doctrine poynts of Popery condemned in the word Might not a Papist pleading for extreme unction for orders includeing their septem sacramentula or inferiour orders as their â—…stiarii Leâ—…ores 〈◊〉 Acâ—… 〈◊〉 Diaconi Sacerdotes which they meane by their sacrament of order not mere ordination as this author seemeth to take for their meaning if judicious Calvin hit right in his institutions say that when the Pope's five bastard Sacraments were abjured the use being of all these officers there is no disput about two of them upon the matter was not abjured But only in so far as they were Sacraments And extrem unction only in so far as it was a Sacrament And what this author would reply in this case for defence of the protestant reformers though it may be this author would swallow downe all those poynts of Popery many more Yet he will not have the boldnesse to say that such officers as to their esse being were not abjured by the reformers the same may now be answered in the case under consideration But he goeth on pag. 32. would make his reader beleeve That King Iames the enjoyner of that Covenant did never intend the abjuration of the office of Episcopacy that for these reasons 1. Mr John Craig who penned the same did but nine yeers before viz. Jan. 12. 1571. consent at Leth that commissioners might be appoynted to joyne with these whom the Councell should appoynt for setling of the policy of the Church whereof he was one The resolution of which meeting was that some of the most eminent Ministers should be chosen by the chapters of the cathedrall Churches to whom vacand Archbishopricks may be disponed and they to have power of ordination and to exerce spirituall jurisdiction in their severall dioecies and at the ordination of ministers to exact an oath of them for acknowledging his Maj. authority and for obedience to their ordinary in all things lawfull and accordingly it was done Against which the next assembly at St Andrews March 1571. take no exceptions and at the next Assembly 1572. These articles are received with a protestation that it was only for the Interim So then the learned penner allowed of Bishops a few yeers before and we see no evidence of the change of â—…is minde How could he theâ—… mean protestant Bishops in that draught Ans. These are pretty demonstrations to prove the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of a thing to say first Mr Iohn Craig was for Bishops Anno 1571. Ergo he was for Bishops Anno 1580. as if a man's minde could not change in Nine or Ten Yeers time specially it being a time of reformation when light was breaking up more clear dayly But next this is a more pregnant demonstration to say King Iames intended no such thing Anno 1580. because Mr Iohn Craig had no such intention Nine Yeers before Is not this well argued But to the matter It is true there were such things concluded at that meeting but whether with the unanimous consent of all or not who can tell But be it so that this honest man was oversweyed with the rest by the violence of the court some nobles who designed the Tulchan Bishope aâ—… they were called yet it is very improbable that he did persist in that judgment full Nine Yeers thereafter considering how much all that time the honest Ministers were setting themselves to oppose that act For the Assembly which did meet at S. Andrews two moneths thereafter took notice of these articles did appoynt some of their number to examine them so great was the exception which they took at them And Anno 1572. there was a protestation against these innovations 1573. the Assembly determined that whatever Bishops there were they should have no more power then the former superintendents had censured some as the Bishops of Dunkell Galloway And to this same purpose were there acts made Anno 1574. And Anno 1575 the office both of Bishops of superintendents came to be questioned debated a little thereafter they signified to the Regent that they would not agree unto that polity condescended on at Leth but some of their number were appoynted to draw up the second book of discipline which book Anno 1577. 1578. Was fully approved having proceeded thus far they caused severall of the Bishops subscribe severall articles denudeing themselves of their episcopall power Now when the Church is at all this work shall it be thought that this honest man even supposeing he had been of that judgement which cannot be proved was still of a judgement contrary to the judgement of the Church And did not all this time alter his minde especially seing the Church did look upon him as a faithfull friend for presbyterian government therefore did appoynt him with other five to consult with Mr Alexander Hay about the modell or plot of presbyteries But it is not much matter to debate what was the penman's judgment at the time the Covenant it self the words thereof are to be considered the meaning of the land in taking that oath is much to be regairded what that was shall be showne by by But. 2. He sayes pag. 33. as to King Iames. It could not be his intention to put away Bishops Because at that time Anno 1580. there was no other Government known 〈◊〉 the Church all ordination and
had to write so I know not except he did build upon that which Iohannes Major sayeth But from the instruction of the Scots in the faith to conclude that the Church after it was gathered had no other for me of governement will not stand with reason for be it as they speak that by the travelle of some pions monks the Scots were first converted unto Christ it cannot be said that the Church was ruled by monks seing long after those times it was not permitted to monks to medle with the maters of the Church nor were they reckoned among the Clergy thus he To which it is easily answered 1. That the sole word of a late Historian of an Excommunicated forsworne Prelate speaking in his own cause will have lesse weight with every rationall man then the Testimony of so many famous eminent Historyographers known through the world 2. All the Prelat's logick will not conclude from these words of Boetius that there was Episcopall governement among the Culdees if Boetius himself may be heard whom all are bound to beleeve better then this Prelate who reasoneth according to his skill for he lib. 7. c. 28. sayeth erat Palladius primus omnium c. i. e. Palladius was the first of all who did bear holy Magistracy among the Scots being made Bishop by the great Pope thus he affirmeth clearly that Palladius was the first who had Episcopall Power or exercised a Magistraticall domineering power in Church maters 3. Could Buchanan a man many stages beyond the Arch-prelate know no reason or ground for what he said but what this Archprelat could perceave who had no will to open his Eyes 4. As this Archprelat doeth wrong his own credite as an Historian when without warrant he contradicteth so many famous Historians so doeth he discover much weakness in reasoning for to say that the monks did not governe the Church befor Palladius landed in Scotland because after Palladius came they were putt out of all accompt got not liberty to do so is such a ridiculous consequence as can hardly be paralleled as if one should reason now say the Church of Scotland was not governed by Ministers befor the year 1661. becaus after Bishops got all the power into their hands the Ministers had no power of governement in the Church Much more might be said here against the reasoning of this late Historian were it sitt to insist upon every such frivolous argument of his So then from these forocited Historians from Baronius in his Annal it appeareth that the Church of Scotland was severall hundereths of years without a domineering Prelate after this time that this Palladius came she was still in a decaying condition through the increase of popery which at length did overspread the whole land in which Romish darkness she did ly untill about the year 1494. About which time the Lord began to visite that poor Church with his salvation to cause some light of the Gospel to break up in severall places of the land but no sooner did the light appear but as soon did those Antichristian Prelats vassals of the Pope begin to rage to raise persecution against the young professors of the truth followers of the lamb so with fire faggot they sought to destroy all who prosessed the true Religion untill about the year 1550. when notwithstanding of all this rage cruelty of the Beast his followers the knowledge of the trueth did spread through the land a farther worke of Reformation began to he caryed on by worthies whom the Lord raised up such as famous Mr Knox others who were singularly owned of God in that work Though Mr Spotiswood according to his usuall maner of mistaking the works of God of venting his enmity to piety purity is pleased in the 60. page of his history to say that this Reformation was violent disorderly And albert at that time the Queen was endevouring by all means possible to keep up the Idolatry of Rome to suppresse the Reformed Religion so powerfully did the Lord in his goodness assist these worthves that in the year 1560. there was a large Confession of Faith drawn up at the command of the Parlament which did conveen that year in which Confession all the Popish errours were renounced after it was exhibited to the Parliament there read when it was read the Prelats who were there present had not one word to speak against it which when the Earle of Marshall did perceave he said Seing the Bishops who by their learning can for the zeal they should have to the truth would gain say if they knew any things repugnant say nothing against the said Confession I cannot but thinke that it is the very truth of God Thus this Confession was openly avowed professed by this Parliament as is clear by the act 6. parl 1. King Ja. 6. Au. 1567. act 86. par 6. An. 1579. where these words are found in both acts and decerns declairs that all sundry who either gainesayeth the word of the Evangell receaved approved as the heads of the Confession of faith professed in parliament of befor in the year of God 1560. At this Parliament there are severall acts made against popery as against the Masse against the Popes authority jurisdiction for such as were for the Reformation or the Congregation as they were then called did supplicate that they would condemne the Antichristian doctrine would restore the Discipline of the ancient Church discharge the popes jurisdiction accordingly as was said there is an act made ordaining that the Bishop of Rome called the Pope have no jurisdiction nor authority within the Realme in any time coming and that no Bishop or other prelate of the Realme use any jurisdiction in time coming by the said Bishop of Romes authority under the pain c. which was afterwards ratified by severall acts in the dayes of King James And thus by act of Parliament the Reformed Religion is established the church governement by Prelats is virtually discharged because Prelats then had no power but what they had from Rome when the current is cut off at the head it must needs cease in the streams But this will be the more clear if we consider how the Reformers were dealing for the establishment of Discipline together with the Doctrine knowing that the doctrine would not be long keeped pure if the Popish discipline governement were still retained upon this the great council giveth a charge dated April 29 1560. requiring commanding them in the name of the Eternall God as they would answer in his presence to committ to writing in a book deliver their judgements touching the Reformation of Religion which heretofore in this Realme as in others hath been utterly corrupted According unto which charge the first Booke of Discipline as it was called in which book the governement
enjoy the place power of a Superintendent least the power place might be abused at length degenerate unto the old power of Prelats but even in those bounds where such lived did appoint others to Superintend as Mr Pont in Galloway They would not divide the bounds of those Superintendents according to the Prelats Dioceses but after another manner They devided the land into ten parts having respect to the edification advantage of the poor people These Superintendents were chosen by the consent of the whole bounds which they were to visite They were not consecrated but onely sett apart to that worke by preaching prayer as is to be seen in the order prefixed to the old Psalme-books They were tryed examined by the Ministers of these bounds They had other Ministers conjunct with them when they ordained any Nather had they sole power of Excommunication for Reformed Churches had power by the Book of Discipline to excommunicate the contumacious the tractate of Excommunication prefixed to some old Psalme-books sheweth that they might do it without the advyce of the Superintendent They were subject to the censure of the Ministers Elders of the Province who might depose them in some cases Their maine worke was preaching for they were to preach at the least thrice every week They had their own particular flocks beside with which they stayed always save when they were visiting the bounds committed untâ—… them They might not try any Minister their alone but weâ—… commanded to have the neerest reformed Church othâ—… learned men conjunct by an act of the fourth Nationall Assembly An. 1562. They might not transport a Minister without the consent of the Synod as is elear by act fourth of the fâ—… Nationall Assemblie 1562. They might not discusse any important question their alone as is clear by act first of the ninth Nationall Synod An. 1564. All were at liberty to appeal from them to the Nationall Synod as is clear by act fifth Assembly sixth They were to be subject to the Assembly as is clear by thâ—… fourth Assembly an 1562. They never did Moderate in Generall Assemblies unlesse they had been chosen by votes Who can be so foolish then as to beleeve Mr. Spotiswood saying in his Hâ—…story pag. 258. that the power of Superintendents was Episcopall for they did elect ordaine Ministers they did praeside in Synodâ—… and direct all Church censures nather was any excommunication pronunced without their warrant seing the publick acts of the Nationall Assemblies are of more credite then this prelate who knew as litle what it was to be a faithfull Historian as he knew what it was to be an accurate Logician Beside that An. 1562 at the Nationall Assembly there were some Ministers chosen to assist the five Superintendents for no moe could be gotten setled for want of maintenance had equall power with them were commanded to give accompt of their diligence unto every Nationall Synod there to lay down their office And Mr. Spotiswood hath not the face to say that these Commissioners had Episcopall power yet their power was equall with the power of Superintendents When thus the Church had shaken off so far as lay in her power the yoke of Prelacy she beginneth to exerce that power which Christ had given to her that same year 1560. there is a Nationall Assemblie keeped which did make severall Canons concerning the ordering the affairs of the church and yearly there after once or oftener prore nata according to by vertue of her intrinsick power she did keep her Courts notwithstanding that in the meane time the Queen the court were but smal friends to the Protestant cause Anno 1564 the Nationall Assemblie did send some Commissioners to the Queen to desire among other things that â—…o Bishoprick c. having more Churches then one annexed there unto should be disponed in time coming to any one man but that the Churches thereof being dissolved should be provided to severall persons so as every man having charge may serve at his own Church according to his vocation Anno 1566 at the eleventh Nationall Assembly the second Helvetian Consession of Faith was presented approven in all points except in the particular concerning festivall dayes by which Confession prelacy is accompted ane humane devyce no ordinance of Christ. But Satan envying the faire beginnings of this Infant Church stirred up some of the Statesmen against her who having possession of Church rents Prelats Benefices fearing to lose the same did therefor devyse a way for establishing themselves in the possession of those Church rents by getting in some Tulchan Bishops as they were called who might have the name of the whole Benefice but rest contented with a small part to themselves leaving the rest in the hands of these Nobles and accordingly the Earle of Morton stirred up the Earle of Marr then Viceroy to convocate an Assembly at Leith by the means of the Superintendent of Angus who when they did meet Jan. 12. 1571 did nominate six of their number to meet with six appoynted by the councill these twelve did condiscend to severall things tending to the setting up of Prelats And according to these resolutions the Earle of Morton getteth one Mr. Douglas made Bishop of Saintandrews Mr. Boyd of Glasgow Mr. Paton of Dunkel Mr. Grahame of Dumblaine This was a very sad stroke but God did not leave that poor church in that case for within two moneths thereafter A national Assembly did meet who finding that these resolutions gave such offence did appoint some of their number to examine the same but the acts of this Assembly were there after taken out of the Registers And in August 1572. at the Nationall Assembly there was a Protestation made against these inuovations 〈◊〉 that whatever condescension should be yeelded unto should be onely for the Interim till a more perfect order might be obtained So at the Assembly in Aug. 1573. it was decreed that Bishops should have no more power then the superintendents had Mr Paton of Dunkell is accused for taking more Mr Gordon of Galloway is condemned And in the nixt Assembly it is concluded that every Bishop should be subject to the Assembly should conferr no Benefice without the advyce of three Ministers Spotiswood the false Historian thought that because of his silence the world should never have gotten notice of this which these Assemblies did of purpose to heme in the power of these prelats whom the Court was setting up with such violence at such a time when they could do no more At length the day breaketh up clearer about the year 1575. the Lord stirreth up his servants putteth spirit courage in them so that in the Assembly it was debated whether these new Bishops Superintendents Commissioners were a honour or a burden to the Church Mr Iohn Dury protested that they should do nothing in prejudice of
what he many other brethren had to object against their office Mr Iames Laâ—…son did seconde this moved the debate touching the lawfulness of the office it self Mr Andro Melvin affirmed that none ought to be officebearers in the Church whose titles were not found in the Book of God and for the title of Bishop albeit the same was found in scripture yet was it not to be taken in the sense that the common sort did conceive there being no superiority allowed by Christ amongst Ministers he being the onely Lord of his Church and all the same servants in the same degree having the like power These beginnings the Lord was pleased so to seconde with his blessing that when it was moved by the Regent whether they would Stand unto the Policie aggreed upon at Leith or setle some other forme of governement It was resolved that a constant forme of Church policy should be sett down for this â—…ffect they nominate twenty of their number to meet at severall times places for the drawing the Modell thereof And accordingly after some pains the second Book of Discipline is finished Anno 1577. at the Generall Assembly Sess. 13. approven in all points except that touching Deacons which was referred to farther debate but Anno 1578. that head with the rest was approven by the unanimous consent of all though Spotiswood will not let the world know so much When this Second Book of discipline is thus appoven by the Nationall Assembly after prayer fasting they appoint some of their number to exhibite it to his Maj. to the end he might add his approbation thereunto Unto whom the King being then about 13. years of age did promise that he would be a proctor unto the Church caused some of his Counsellours conferr with those Ministers upon that business the heads of which conference were once insert in the Registers of the Assembly but Anno 1584. when the Court had power of the Registers those leaves were taken a way seen no more as shall be cleared hereafter and again Anno 1579. the King wrote unto the Nationall Assembly desiring a farther consultation upon the heads on which his Commissioners and their delegats did not accord the last year to the end that when all the particulars are fully aggreed upon they might be approven in the ensueing Parliament in the mean time the Assemblies are going on prohibiting any moe bishops to be chosen ordaining such as were chosen to submit themselves to the determination of the Generall Assembly under the paine of Excommunication accordingly some then all of them afterward did submit So Anno 1580. they ordained that all who were called bishops should dimit simpliciter because that office had no warrand in the word they ordained Provinciall Synods to call before them such bishops as lived in their bounds ordaine them to give obedience to this act His Majesties Commissioners who were present at this Assembly of Dundy did concurr with this Assembly in appointing some of their number to consult about the Modell of the Presbiteries In this same yeer in the moneth of March for as yet the new year did not begin untill the 25. of march is the Nationall Covenant solemnely taken by the King his Councill Court afterwards by the inhabitants of the Kingdome in which covenant prelacy under the name of Romish Hierarchy was abjured as shall be cleared in due time the Doctrine Discipline of the Church was sworne to be defended Anno 1581. in Aprile at Glasgow the Generall Assembly did insert the book of Discipline in their Registers did show how the act touching Bishops made at Dundee Anno 1580. did condemne the estate of Bishops as they were then in Scotland Unto this Assembly his Maj Commissioner William 〈◊〉 of Caprintoun presented the Confession of faith subscribed by the King his houshold as also a plot of the presbiteries to be erected mentioning their meeting places appoynting the severall parishes which should belong to such such presbiteries with a letter to the Noblemen Gentlemen of the countrey for their concurrence for the erection of presbiteries dissolution of Prelacies in his Maj name he promised that his Maj would set forward the policy until it were established by Parliament thus presbyteries began to be erected throughout the Kingdom This was a sweet sun-shine but it was followed with a very sad showre for when Amate Stuart of Aubignee afterward Duke of Lennox obtaineth by the death of the Earle of Mortoun who was executed the banishment of the Earle of Angus the superiority of Glasgow other things to secure the same to him his posterity he aggreeth with Mr. Robert Montgomery Minister at Sterlin to accept of the bishoprick to dispone to him all which belonged to that bishoprick for the yearly payment of one thousand pound Scots some horse-corne poultry which when the Church heareth he is summoned before the Assembly at St. Andrews commanded to leave the bishoprick under the paine of Excommunication the Presbitery of Sterlin is appointed to take notice of his cariage in doctrine discipline for they had found him guilty in 14 or 15 points but he went on notwithstanding the presbitery had suspended him from the exercise of the Ministry he procured an order unto the presbytery of Glasgow to receive him as their Bishop under the paine of banishment with a company of armed souldiers entred the Church pulled Mr. David Weems out of the pulpit being summoned to compear befor the Synod of Lothian the King causeth summond all the Synod to compear before him at Sterlin the 12 of Aprile Mr. Pont some others compeared in name of the rest protested that albeit they had compeared to testify their obedience to his Mat. yet they did not acknowledge him or his council judges in that mater which was an Ecclesiastick cause that nothing done at that time should prejudge the liberties of the Church But the Council rejected the protestation discharged them to proceed any further And shortely thereafter when the Generall Assembly is examining his processe the King sendeth a letter to them discharging them to proceed any further when they went on notwithstanding they are charged by a Messenger of armes to desist under the paine of Rebellion but they thinking it better to obey God then man ordained Mr. Montgomerie to compeer befor them the next day who compeered not onely a Proctor in his name appealed unto the King The Assembly did reject the appellation proceed to examine the libell given in against him finding him guilty of many hainous crimes they ordaine him to be deposed excommunicated but ere the sentence be pronounced they appoint some of their number to aquaint his Maj. with their whole procedure And ere long Mr. Montgomery submitteth passeth from his appellation acknowledgeth his faults
onely to the prophets 2. The libertie of the Church and Discipline presently exercised was confirmed by diverse acts of Parliament and the office-bearers were now in peaceable Possession thereof And this he did and a Copy hereof was sent through the Presbiteries to see if they would owne the same and in testimonie of their chearfull hearty owning therof it was subscribed by three or fowre hundereth Ministers This displeased the King so that he by open proclamation commanded the Commissioners of the Church to depart out of Edenburgh within twenty fowr houres under the paine of rebellion but notwithstanding of this they resolve to stay to see that the Church priviledges should not be wronged send some of their number to speake to his Mâ—…j unto whom he answered that if Mr. Black would passe from his Declinature or if they would declare that the Declinature was not a generall but onely a particular one used in Mr. Blacks case alone as being a cause of slander pertaining to the judgement of the Church he would passe from the pursuite of Mr. Black But after consultation the Comissioners resolved to adhere unto the Declinature unlesse his Maj. would passe from the processe remitt the same unto the Church Judicatory would make an act of Councill declareing that no minister should be charged for his preaching c. Whereupon the King charged the Commissioners of new to depart caused cite Mr. Black unto the last of November withall dischargeth all Barons Gentlemen others to meet with ministers in their Church assemblies without his licence When the day of Mr Blacks compearance cometh the Commissioners presente a supplication desiring them to remitt the question unto the Judge competent but the Councill goeth on therefore they protest that the processe in hand whatsoever followed thereupon should not prejudge the liberty of the Church in maters of Doctrine Afterward the King sendeth unto the Commissioners shewing he would be content with Mr. Blacks simple declaration of the truth But worthy Mr. Bruce answered That if the mater did touch Mr Black alone they were content but the liberty of Christs Kingdome had received such a wound by the Proclamations published the last Satterday that day by the usurpation of the Council that if Mr Blacks life the life of twenty others had been taken it had not grieved the hearts of the godly so much that either these things behoved to be retreated or they would oppose so long as they had breath Then the King condiscended to publish by a Declaration that he would not diminish any lawfull power or liberty which they or their Assemblies had either by the Word of God or lawes of the land that the proclamation discharging Barons others to meet with ministers was onely meaned of their meeting in armes that the Interloquâ—…tor of the Council should not be used against Mr Black or any other minister untill a lawfull General Assembly providing that Mr Black would declare in his presence the truth of the points libelled before some ministers But afternoon the Kings minde was found changed because Mr Black would not acknowledge an offence he is condemned by the Council his punishment is remitted to the King till his pleasure were known he is confined Then there is a bond devised to be subscribed by all the ministers under the paine of the lose of their stipends The tenor wherof followeth Wee the Pastors ministers of Gods word undersubscribing humbly acknowledging our duty to God obedience to the King our Souveraigne Lord whom for conscience cause we ought to obey Confesse that his Grace is soveraigne Judge to us each one of us in all causes of sedition treason other criminal civill maters to all our speaches which may import the saids crimes albeit uttered by any of us publickly in the pulpits which God forbid or in any other place that the said pulpits nor any other place whatsoever hath not that priviledge immunity to be occasion or pretence to any of us of declining of his Maj judgement in any of the saids civill or criminall causes intended against us in any time coming but rather that our offence is the greater incase which God forbid any of us commit such crimes in the saids pulpits before the people where the word of Gods truth salvation should be preached by us to our flocks In witness wherof of the humble acknowledgement of our duty in the premisses we have subscribed these presents with our hands are content that the famine be registrat in the books of secret Councell in futuram rei memoriam But faithfull ministers refused upon all hazards to subscribe the same seeing that it was a crossing of their Declinatour contrarie to the acts of the Generall Assembly to the acts of Parliament made in favours of the Church yea to the word of God because by this bond they should have acknowledged the King to be both supreme onely Judge over ministers in all causes so to have power of Judging deposing them yea of judging trying their preaching if it be but coloured with treason sedition of schisme in the Church which is sedition and seeing thereby they should be bound up from faithfull dealing in the name of the Lord because they saw it was devysed of purpose as a snare to their consciences After this Anno 1596. the king driveth on his designe indicteth an Assembly at perth formeth 55 problemes by which the Discipline of the Church formerly established was questioned to be there debatéd these problems with the following Historie at more length are to be seen in the Historie penned by Reverend laborious Mr Petry therefore a short relation shall suffice here being perswaded by his Courtiours that he should never gaine his purpose till first he took some course to breake the Union of the Church he prevaileth with Mr Patrik Galloway Mr Iames Nicolson who had been chief a little before in advising Mr Black to decline causeth Sr Patrick Murray deal with the ministers of the North to subscribe the bond to choose such such persons to the meeting at Perth and when the time of meeting cometh these Commissioners from the North were seen going in companies to the king Mr Nicolson was with the king till mid-night They were for all this two dayes in debating whether they were a lawfull Generall Assembly but honest men protested against it The meeting at length condiscendeth to these particulars 1. That no minister should reprove his maiesties lawes acts or ordinances untill such time as first he had by advyce of Presbitery Synod or Assembly complained or sought remedy of the same 2. That none should be named in pulpit except the fault were notour by the persons being fugitive convicted by ane Assise Excommunicated contumacious after citation or lawfull
it may not be a supersede as to an Act a ground of exemption to the subject from the rigour thereof till the law be revived by a posteriour act which was never yet done lawyers may judge But which is more there is an Act of Parl. Anno 1592. declareing that that former Act shall no wayes be prejudiciall nor derogat any thing to the privilege that God hath given to the spirituall office bearers of the church concerning heads of religion matters of heresy excommunication collation or deprivation of ministers or any such like essentiall censures specially grounded have and warrand of the word of God And which is more considerable The parliament 1648. did disclaime any such power of judging in church matters took it for an unjust challenge charge to say that they took an antecedent judgment in maters of religion for in their letter to the presbyteries of Scotland being their Act 16. May 11. 1648. they have these words Neither can it be with any truth or justice in any sort alleidged that we have in the least measure wronged or violated the true privileges or liberties of the church or any way taken upon us the determination or decision of any matters of faith or church discipline though we be unjustly charged with taking an antecedent judgment in matters of religion By which every one may see that the parliament did looke upon themselves as an incompetent judge in matters of faith or religion Primo instanti or antecedently unto the decision determination of the church And now let lawyers judge whether when the parliament the supreme judicature of that land doth declare themselves incompetent judges in matters of religion The Privy Councell which is a judicature inferiour to the parliament by the fundamentall lawes of that land having its originall power antiquity from the Kings Maj. the estates of parliament so is subordinat there to ought to be countable to censureable by them according to the 12 Act of Parl. 2. King Iames 4. See for this Act 27. Parl 2. of King Charl I. 1640. may become judges thereof whether seing by confession of Parliament they can be no lesse incompetent judges then the parliament it self it can be truely treasonable to decline them Though it were granted that that Act of Parliament 1584. were no way weakened by the other Act 1592. which yet is expressely explicatory thereof yet it could no wayes be treasonable in him to decline the councell as an incompetent judge to him in that case because the Act 1584. is to be understod in such cases only in which they are propper judges But it will be replyed that the Act maketh them judges competent to all persones spirituall or tempâ—…rall in all matters wherin they or any of them shall be apprehended summoned or charged Answ. True the act speaks so in the generall yet it is well known that notwithstanding thereof any of his majesties subjects might decline them when cited for causes the cognition whereof did popperly belong to another distinct judicature such as the court of exchequer or the Lords of the Session so that this all is to be restricted to such causes as do belong to them And under it causes purely ecclesiastike cannot be understood because of that which the Parliament Anno 1648. said Parliaments know best what causes belong to their cognition what doth not belong to a Parliament will never belong to the Privy Councell If it be replyed againe that the meaning of the Parliament 1584. was to give the councell power in church matters because this act was devised of purpose to hinder ministers to protest against the King his counsell as they had done before Ans. that is true But that will say nothing now when the Parliament 1648. hath declined to be judges in such matters and Parliaments can best expound their own lawes and acts can best explaine the extent of their own power and consequently can best declare what causes these are of which the Privie Councell is competent judge what not when they declare that themselves are not competent judges in matters of doctrine religion they do more then sufficiently declare that the Privie Councell is not a competent judge in those matters But for all this this worthy man must die he dieth a martyr for the truth against the Erastian abomination SECTION VI. The sufferings of some other Ministers related AMong other acts of the Committy of Estates there was a proclamation which they caused be read at all the church doores of the Kingdome upon the Lord's day in which they discharged ministers to speak or preach any thing against them or their proceedings this was to command them to handle the word of the Lord deceitfully to become false prophets to preach smooth things and to prophecy deceits wherby the malicious ill affected people who did not love their ministers were encouraged to give in delations of such such things as they thought good to allaidge against them as uttered in their sermones bring in any prophane persones they pleased for witnesses By which meanes some though many were in no hazard thinking it commendable prudence to be silent at such a time were brought to trouble both by the Committe of Estates by the Parliament being imprisoned or confined and other wayes hardly used though litle of what was allaidged could be proved against them More over ther was one minister who after the Parliament had annulled the covenant passed many other acts against the work of reformation thought himself bound in conscience to give faithfull free warning to shew the greatnesse of the sin of backslideing defection from the cause and truth of God to protest publikely in a Ministeriall way for his own exoneration after the example of Samuel at the comandement of God against the course of defection carryed on all acts made in prejudice of the covenanted worke of reformation for which cause he was summoned before the Parliament and at length condemned of treason sedition onely upon that acount therafter was banished out of all his Maj. dominions And if any say that ministers should have been silent not meddled with state affairs let the answers which famous doct Voet giveth in his Politia Eccles. pag. 982. 983. c. be considered which are these 1. It is the duty of Ministers to give faithfull warning unto people Ezek. 3 17 22. 2. This was not to meddle with the politie but with the abuse of it by men in power 3. Rulers no lesse then others must be touched when they provoke God to wrath by their carriage 1 Thes. 5 11. Iam. 5 20. 1 Sam. 15 14. Isa. 58. 1. 4. Then they should never speake to a hundered places of scripture which do speake so directly against Magistrats abuseing their power See what he sayeth furder to this purpose there in answering therest of the
the King upon the prelat who hath a negative voice in them whose dioecesian meetings they are being now modelled conforme to the number of prelats whileas before in some dioecies there were three provinciall Synods Moreover the passage which was cited before out of the Proclamation Ian. 15. 1662. cleareth this aboundantly for there it is said expresly that the administration of the Church in the way it had been that is the administration of presbyterian goverment is inconsistent with that which is now established or Episcopall goverment and the councell is better to be beleeved then this man who speaketh without ground againe why did King Councell discharge those meetings but because they were making way for the setling of Episcopacie and finally why is the jurisdiction and exercise of Church discipline which was allowed for a time set in opposition to the jurisdiction exercise of Church Goverment ordered in the respective synods presbyteries sessions by the appoyntment authority of the Archbishops Bishops thereof according to their known privilege practice conforme therto If not to clear this difference He objecteth pag. 8. sayeth That the supreme Magistrat hath undowbted power to convocat synods when he seeth it needfull no protestant minister would refuise to come at his comand nor is there any ranke or degree of subjects that can without the staine of sinfull disobedience refuise to meet upon his Maj. command and ministers cannot plead exemption from the common duties of subjects It is answered 1. It is true ministers are subjects no lesse then others are obliged in conscience to subject themselves Unto the civill Magistrat in the Lord no lesse then others But. 2. Neither ministers nor others are bound at the Magistrat's command to sin against God it being alwayes better to obey God then man here in obeying this command Ministers should have hainonsly sinned against God for 1. They should have therby acknowledged upon the matter that the Magistrats power in Church matters is such as that he may appoynt what forme of Goverment he will which no presbyterian in conscience could yeeld to without wronging of Christ the head King of his Church as shall in due time be made furder to appear 2. They should have therby testified acknouledged their approbation of Episcopall Goverment contrary to their oath subscription for this was pressed as a badge of conformitie signe of subjection unto Episcopall Goverment as the Proclamation of the Privie Councell before mentioned doth abundantly clear these meetings are meer episcopall meetings as is showne 3. Ansâ—…as to the ground of the objection viz. That the Magistrat hath power to convocate synods It would require a longer time then can be now allowed to discusse the same to try how in what cases it willhold good But this is certane that the judgment of the Church of Scotland as to this particular as may be seen in the Act of Assembly Anno 1647. approving the confession of faith prefixed therunto is that in Churches constituted such as the Church of Scotland was the Magistrats authority is not sufficient to call a Synod without any other call that is without delegation from their Churches that 〈◊〉 is free to Ministers to Assemble together synodically as well prorenata as at the ordinary times upon delegaetion from the Churches by their intrinsecall power received from Christ as often as it is necessary in case the Magistrat deny his consent But be it granted as in some cases it may Yet it will not follow that therefore Ministers were bound in conscience to have countenanced those meetings and that for these reasons 1. Because these were no extraordinary Synods called by his Maj. prore nata Nor. 2. Were they any of the former Synods used while presbyterian Goverment was in force But. 3. They were new meetings upon new principles having their rise from a new spring fountaine constituted otherwise in a new forme and so they were no meetings consonant unto the principles of presbyterian Goverment but wholly dissonant meetings complying with flowing from Episcopall power jurisdiction ordered by prelaticall authority appoyntment 3. Countenanceing of these meetings upon the matter would have been an assenting consenting unto the pulling down of presbyterian Governement which they were sworne to maintaine 4. Yea it would have been a fearful matter of offence stumbling unto the godly truely tender a hardening of others who had complyed withall a dangerous casting of themselves into temptation as experience doth abundantly prove dayly and therefore this comand could not be obeyed for no command of a Magistrat can warrand any to sin by doing that which is in it self sinfull yea or what is a reall ground of offence unto others provideing the matter be not absolutely necessary antecedently unto the command of the Magistrat But he addeth Is this rationall that where two commands of the Magistrat are joyned the one undowbtedly lawfull the other dowbted of that subjects should disobey the Magistrat in that which is clearly lawfull because â—…ey have a dowbt or unclearnesse anent obeying him in the other command had they come to the place it would protanto have shewed their respect unto authority Ans. It is a great question if this man speake rationally here doth he thinke that the civill Magistrat did intend two commands in that one he may as well say that he did intend twenty will he so metaphisically anatomize the commands of councells Parliaments as to render them ridiculous would he have had ministers sporting jesting in such a serious matter with the supreme Magistrat if the Ministers had come't to towne seen what of the cloke it was then returned home would this casuist have cleared them either protanto or prototo Nay he would without all doubt have exaggerated that crime as the height of contempt as an open preaching proclameing of their contempt unto the world But in such a sad declineing time the faithfull ministers of Christ had some other thing to think upon then thus to sport themselves mocke authority by halveing orquartering the commands and injunctions thereof therefore would neither get on horse backe nor come half the way not to the place appoynted because they might not in conscience concurr with the prelat there in that dioecesian meeting which was the onely thing commanded their coming to the towne was no more commanded save as subservient thereunto then their riseing out of their Bed that morning or their taking horse c. In the 3 place he addeth What ground could they have for separation from the Synod is it the want of liberty to choose a moderator or is it that he who presideth is a Bishop and claimeth more power then they can allow-as of a negative voyce or is it the want of unpreaching elders in the meeting It is Ans Neither any of these
Kingdomes in Scotland that Christ was a King the Church his Kingdome that he himself was a subject unto Christ a member of his Church neither head nor King thereof that the spirituall office bearers to whom he had committed the government of his Church had power warrant to conveen But the King went on told the Ministers thereafter That there should be no agreement betwixt him them untill the marches of their jurisdiction were rid that they might not speak in pulpit of the affaires of the Estate or Councell that no Generall Assembly should meet without his special command that Church judicatures should meddle with fornication luch like scandalls but not with causes whereupon his lawes do strick shortly thereafter Mr Blake was summoned did decline his declinature was owned by severall hundereds of Ministers when King Iames saw this he laboured to ensnare the Ministery therefore invented the bond which was mentioned Sect. 1. Pag. 27. whereby any may see what was intended designed But when he is in possession of the crown of England then the poor Church findeth his hand heavier then formerly for Anno 1606. Six Ministers were convicted of treason condemned for declineing the councell as an incompetent judge in matters ecclesiastick all by vertue of the Act of Parl. 1584. And the Parliament which did meet that yeer 1606. to make all sure did acknowledge his Maj. soveraigne authority princely power royall perogative privilege of his crown over all Estates persons and causes whatsoever and ratifieth approveth and perpetually confirmeth the same at absolutely amply and freely in all respects and considerations as ever his 〈◊〉 or any of his royall progenitoure Kings of Scotland in any time by gone possessed used and exercised Thus was the copestone of this supremacy put on againe And at that pretended assembly at Glasgow Aâ—…no 1610. it was acknowledged that The indiction of the Generall Assembly did appertaine unto his Maj. by the prerogative of his royall crown And it was ordained that the oath which is set down before pag. 37. be sworne by all ministers at their ordination the Parliament which conveened Anno 1612. ratified all this And finally Anno 1633. in the 1 Parl. of King Charles Act 3. that Act which was made Anno 1606. was againe ratified this conclusion was drawne from it that he hath power to prescribe what apparell he thinketh fit for Kirk men which was done of purpose for this end that his Maj. might with greater facility get the use of the surplice by Ministers established by law and practised And now by all this any may see what is the nature of that supremacy which the higher powers have been all alongs grasping after which the faithfull servants of Christ have been withstanding according to their power But in the last place the sense meaning of this late Parliament which did tender the oath must be sought out of their acts actings out of some commissions granted by his Maj. thereby it shall be seen what ground there was of scrupling at the oath how the feares of such as did then scruple at the oath were not groundlesse seing the after actings of king Parliaâ—… have abundantly confirmed the apprehentions which such had of their giving to the King of his taking more power in Church matters then themselves would then acknowledge or confesse did belong to him Now for clearing what power was then is now assumed by given to the King in Church matters these particulars may be noticed 1. When these Six or Seven Ministers who were cited before the Parliament had offored a sense in which they would willingly have taken the oath they could not be heard though they granted unto him in their sâ—…nse offered as much power in Church matters as the word of God the confessions of faith both of the Church of Scotland of other reformed Churches did allow for they did grant that his soveraignity did retch ecclesiastik causes objectively though in its own nature it was alwayes civill extrinsick But this did not satisfie therefore it was evident enough that they did intend some other thing by that oath then every one could well see 2. In the 4. Act of their first session it is made a part of the Kings prerogative That none of his heighnesse subjects of whatsoever quality state or function presume to convocat conveen or assemble themselves for holding of councells to treat consult determine in any matter of state civil or ecclesiastick except in ordinary judgments without his Maj. speciall command of expresse license had obtained thereto under the paines c. By which it is apparent that they will have no Church judicatories without his command or license otherwise his prerogative is violated so it is a piece of his perogative supremacy to have all these assemblies depending â—…o upon him as civill meetings do that is that they shall be null without his expresse consent and command for this part of the act is in every word conforme relative to that black act Anno 1584. viz act 3. parl 8. King Iam. 6 by which all Church judicatories which had been set up conforme to the second book of discipline viz sessions presbyteries synods were discharged 3. In the 16 Act of the first session concerning religion and Church government they say That as to the government of the Church his Maj. will make it his care to setle secure the same in such a frame as shall be most agreeable to the word of God most suiteable to monarchicall governement most complying with the publicke peace quyet of the Kingdome in the meane time his Maj. with advice consent foresaid doth allow the present administration by sessions presbyteries Synods So that by this act it is clear that they think that there is no particular forme of Church government sâ—…t down in the word 2. That every nation is left at liberty in this to choose what forme they will as most suitâ—…ing to civil government complying with the people temper 3. That he is judge of what forme of government is most agreeable to the word of God 4. That this governement must be some other government then that which is by Sessions Presbyteries and Synods which is but allowed in the interim 4. There is a commission or act from his Maj. for a Nationall Synod ratified by Parliament in their second Session which is worth the noticeing the Act is thus worded For as much as the ordering disposall of the externall government of the Churh the nomination of the persones by whose advice matters relating to the famine are to be setled doth belong to his Maj. as an inherent right of the Crown by vertue of his prerogative Royall supreme authority in causes Ecclesiastick And in prosecution of this trust his Maj. considering how
zealous Christian of servant of Christ consent unto this dreadfull incrouchment usurpation by subscribeing any oath which might import the same Who can but hear of it his heart not tremble Let all the arguments which the reformed divines make use of against the usurped headshipe of the Pope be considered they will with equall strength militat against this usurpation justifie the refuseing of this oath upon that account yea Arminius himself disp de pontif Rom. Thes 3. sayeth that the Church hath but one head otherwise she should be a monster 2. By this meanes they should upon the matter licke up popery which they have abjured againe againe for none will say that they have abjured such a piece of popery only as it was seated in the head of the man with the treeple crown that sitteth at Rome not simply in it self as a blasphemous tenent No reformed divine writeth against the Popes supremacy headshipe as a power usurped by him to the prejudice of some one prince or other but as a heigh insolent usurpation of that which belongeth unto him who is King of Kings Lord of Lords for this were not to speak against an incroachment made upon the privileges prerogatives of the King of his Church but against some civil wrongs done to a neighbour prince or state indeed the adversaries are not ashamed to say that the Pope in his usurpation of this Church jurisdiction wronged not Christ but more immediatly the King Princes unto whom that power did belong of right before therefore they say that King Henry 8. assumed but his own back againe that he neither took nor did the Parliament give him any new power which did not belong to him before So said Heylyn as was showne But if any should assent unto this they should consent only unto the change of the pope but not unto the change of the Popedome should shake off an ecclesiasticall Pope submit unto a civil Pope For Zepp◅rus speaketh with reason when he sayeth P◅lit Eccles. Lib. 3 c. 13. Quando tota Doctrinae cultus c i. e. When all the matter of Doctrine worship as also of the constitution of the Church is ordered according to the pleasure of the Prince alone the counsell advice of the ministers of the word of their synods being despised when such are declared rebels who will not assent unto all that which these polititians do when the whole Government of the Church is made over to them almost by an apostolick authority who only exerce an externall politicall power on the outward main Then doth themagistrat goe beyond his bounds the Popedomeis not taken away but changed yea made twofold worse yea the Arminians in their apologie do call this the very heart marrow of Popery which being granted all his other usurpations do necessarily follow 3 By this means they should grant that ministers is the very discharge of their ministeriall function are subordin◅ unto the supreme Magistat his power acting under him as his servants commissioners This is clear in the exercise of jurisdiction discipline The prelats are his Maj. Commissioners in matters of discipline they receive their commission from him to depose to silence to excommunicate so also they must Acte as his commissioners in lesser censures as in publick rebuking for sin the like seing both the keyes of doctrine discipline were given at once if the key of jurisdiction or discipline come from Christ mediatly from the King immediatly so must the key of doctrine for the scripture sheweth no distinction none may separat the keyes which Christ hath tyed together thus every minister must come forth preach exhort rebuke censure ex communicate not in the name of Christ immediatly but in the name of the King But to this they could not assent therefore they could not take the oath 4. By this meanes they should grant that the supreme Magistrat himself might immediatly in his own person rebuke publickly the scandalous debarr from the sacraments depose suspend excommunicate for what his commissioners do by vertue of a commission from him that he may do himself immediatly But this could no be yeelded to there being not the least warrand for it imaginable out of the word but much against it therefore none except an Erastian or Arminian will condemne such as refuse an oath which would import this see Voetius de politia ecclesi pag. 146. arg 12. 5. By this meanes they should have upon the matter opened a door unto the King 's bringing into the Church what popish rites externall superstitious ceremonies he pleaseth◅ By the act for the nationall Synod he hath as an inherent in the crown the ordering disposall of the externall government of the Church power to settle all things concerning doctrine worship discipline government by the advice of the nationall Synod which is but as his Councell so that the whole power of ordering setling the matter of the worship is in his own hand it was upon this ground that the former prelats did warrand their use of the ceremonies his supremacy was a basis unto this So said Camero in his prael Tom. 1. pag. 370. 371. Tom. 2. pag. 41. That in all things perteineing to externall order in religion Kings may command what they will pro authoritate And thus they should consent unto opening of a door unto all the trash of Rome the significāt ceremonies that are there for if the King have such power what ceremony may he not bring in who is there to controle him in any thing of that kinde who may ask whether lawfull or unlawfull seing no question he himself will call all that which he doth most lawfull he is not without the compasse of his power or authority or calling when he appoynteth the use of those ceremonies if he be thus rector Ecclesiae Now who can acknowledge that any such power doth belong unto the supreme Magistrat to institute any significant ceremony or part of God's worship this being the very sin of Ier◅oam 1. King 12 28 33. It was his fault to devise of his own heart those ceremonies of sacred signes places or persons times And therefore they could not take such an oath be guilt◅sse 6. By this meanes they should have granted that he had power to change the whole frame of religion so give way unto his bringing in the whole body of popery or what he would for by this oath he should have granted unto him the supreme power in matters concerning doctrine worshipe discipline government It was charged upon the Church of England by some adversaries that the great alteration of their religion that was made from popery to the truth back againe to popery so forth in the dayes of Henry 8. Edward
confusion yeeld that a Church as a Church should be 〈◊〉 commonwealth a commonwâ—… 〈◊〉 ipso that it is a commonw shoud be a Church because a supreme governour in Church matters hath reference unto a Church a supreme governour in civil matters hath reference unto a commonwealth so make the supreme governour of the commonwealth upon that account that he is such a supreme governour the supr gov of the Church then â—…o ipso that he is the supreme governour of the commonwealth he should have reference unto the Church so a Church should be a commonwealth a commonwealth a Church which is most false Moreover this new commission court is another speaking evidence of this mixture flowing from this supremacy for in that court Church officers meddle with civil matters state officers meddle with Church matters both do so as they are such such officers as his Maâ—… commissioners and therefore they could not assent unto this That which Luther sayeth in responso ad Melanth de ceremonijs cited by Voetius ubi supra pag. 174. Is worth the marking Seing it is certane that these administrations are distinct viz. the ecclesiastick and politick which Satan did confound by Popery we must watch and see that they be not againe confounded and if we suffer this we should be guilty of sacrilege and we must rather choise to die then sinso see further what he citeth out of Olevianus pag. 179. and 180. 11. By taking of this oath they should grant that the magistrat as such is a propper competent judge in Church matters a propper competent judge of ministers of their doctrine of other Church matters because it was upon this ground of faithfull ministers their declineing of the King 's his councell their judgement in Church matters that the Parliament 1584. Did grant unto the King this supremacy It was intended for this end that he might have power to call convent judge sentence Ministers for the faithfull discharge of their duty exoneration of their consciences as their lawfull formall competent judge in Church matters though under the notion of treason sedition Moreover he is made propper judge of what is the best forme of Church Government of what is the best constitution of a Church judicature what are the most sit lawfull acts conclusions or canons of Synods he is made propper judge in matters deserving excommunication suspension deposition all these are Church matters Now the falshood of this is so satisfactorily discovered by divines that none can be blamed for refuseing an oath which would import an assenting unto these things as truths Sure every Magistrat is not fit for such matters should no other be a Magistrat but he who is fit for such questions Where is there any precept or precedent for thiâ—… What need is there then for Church Officers for Church matters if the civil Magistrat may do all see learned Voet polit Eccles pag. 146. Arg. 12. yea if they had taken this oath they had condemned their worthy predecessours who took their hazard declined the judgment of the civil Magistrat in Church matters should justifie the severe sentences of imprisonment consinement banishment which passed against them should assent unto the lawfulnesse of all these acts which established iniquitie tyranny by law And how could they have done this with a good conscience 12. By taking of his oath they should grant that Ministers in the discharge of their Ministeriall function were not under Christ immediatly but under the Magistrat for as his commissioners they sit in the high Commission court are accountable to him for their mal administration so are immediatly under him as their immediat superiour Master But this they could not grant Seing 1. As was said these two powers are toto genere distinct so there cannot be a subordination amongst them 2. There is no warrand for Ministers receiving of instructions from the Magistrat 3. Nor for any civil Pope more then for a Church Pope 4. Ministers in scripture are said to have immediat relation unto commission from God not from the Magistrat therefore they are called priests of God 2. Chron. 13 9 12. Men of God 2. Pet. 11 2. Tim. 3 17. And are commissionated from Christ Luk. 10 2. Mat. 20 2. 21 34 25. 22 2 3 10. 24 45. Isa. 6. v. 8 Ioh. 20 21. Gal. 1 1. not from the Magistrat They acte in the name of Christ by power from him 1. Cor. 5. But there is enough spoken to this by judicious Wallaus others writting against Vtenbâ—…gard other Erastians which will abundantly justifie the refuseing of this oath see further learned doct Voetius de polit Eccles. pag. 145. Arg. 10. 13. By the taking of this oath thus tendered they should grant that the supreme Magistrat is exempted from subjection unto the Ministery of the messingers of the Lord for if Ministers in their Ministeriall function acte as commissioners from him as accountable to him then in the same administration they cannot be above him a commissioner in the particular wherein he is a commissioner cannot be over him whose commissioner he is But this they could not grant because there is no warrand for this exemption Kings of old were not exempted from rebukes all are commanded to obey such as are set over them Heb. 13 17. no King is excepted Emperours have submited unto discipline Therefore they could not take this oath 14. By taking of this oath they should yeeld unto many palpable into lerable incroachment made upon the liberties privileges of the Church of Christ Which could not be done without great sin iniquity As 1. That there could be no Church judicatories or assemblies without his warrand or expresse consent for in the act concerning the acknowledging of the royall prerogative among other things annexed to the crown this is one the conveening of his subjects this is explaned Act 4. Where it is ordained that none of his subjects conveen for holding of Assemblies to treat Consult determine in any matter ecclesiasticke And upon this ground doth the act concerning the nationall Synod goe And upon this ground did King Iames take upon him to prorogate assemblies either to definite or indefinite times as he thought good Now no faithfull Minister or Christian could assent to this Because 1. Whatever may be said upon the grounds of prudence at some times yet when the bussinesse is spoken to as a case of conscience according to the rule of the word this is true that though the Church be in the commonwealth yet she is a distinct society from the common-wealth hath power from Christ to hold her own meetings Assemblies for her own government as she did while she was under heathen Emperours in the dayes of the Apostles 2 It hath been showne
congregations But where shall a Magistrat be found for establishing this one forme of Government Is it not then saifest to say That Christ hath set down such a forme which all Churches all the world over are obliged to follow imitat for he is only head of the Church Obs. 3. When he stateth the question Part. 2 c. 3 § 1. He limiteth the disput unto two sorts or species of Government thus Whether the Church should be Governed by a colledge of presbyters or by a superiour order above the standing ministery having the power of jurisdiction ordination belonging to it But under favour this is not faire dealing in stateing of a controversy for his bussinesse is to shew that there is no forme at all setled by a Ius divinum That there is no warrand in the word for any one forme more then for all the rest that there is no one forme so determined by a positive law of God that all the Churches of Christ are bound to observe it but that it is left to the prudence of every particular Church to agree upon its own forme which it judgeth most fit for the ends of Governement in it self if this be his drift scope may not every one see how he prevaricateth here in limiting the disput to these two formes seing there are moe formes pretended unto The independents will grant that there is no warrand in the word for either of those two formes mentioned yet will allaidge that there is another forme allowed of God determined The Papists have a forme of Government it may be the prelats think that their forme differeth from that The Morellians have another forme distinct from all these the Erastians have a sixt it is possible that Mr Baxter shall give him a seventh made out of presbyterian episcopall independent Erastian now if his principles exclude all these why was the disput limited to two or doth he think that these other formes are expresly excluded by the word that Churches are not left at liberty to make choise of any of them but only of either of the two which he mentioned Then the scripture is expresly determinatly against severall formes of Governement if this be true his principles are overturned for if the law of God be expresly against some formes it must be more for other formes then for these all formes are not indifferent nor are men left at liberty to pitch upon what forme they please Obs. 4. He granteth Part. 2. c. 2. § 1. That the Government of the Church ought to be administred by officers of divine appoyntment And now what shall become of that Government by a superiour order above the standing ministery for a prelat as a superiour order is a distinct officer from presbyters so must have a divine appoyntment if he hath a divine appoyntment he must be a standing officer as well as presbyters if so men must not as they please lay him by but the Government by prelats must be juris divini if upon the other hand he be really a distinct officer hath no divine warrant or appoyntment the Government of the Church by prelats must be utterly unlawfull But what sayeth he to this objection Part. 2. c. 4. § 11. These officers are only said to be new that were never appoynted by Christ the Church may appoynt none such but if such be meaned as have a Charge of more then one particular congregation by the consent of pastours themselves such an officer is not neâ—… for beside the generall practice of the Church from the first primitive times which have all consented in the use of such officers we finde the foundation of this power laid by Christ himself in the power which the Apostles were invested in which was extended over many both pastours Churches this power must be proved extraordinary before it can be said to cease that must be done by some arguments proper to their persones for if they be of a morall nature they will prove the office to be so too I say not but that the necessity of the office as in their persons for the first preaching propagating the Gospell did cease with them but that after their death it became unlawfull to take Charge of diâ—…ecesian Churches I deny for to make a thing unlawfull which was before lawfull there must be some expresse prohibition thus he To which it is answered 1. It appeareth then that a Bishop is a distinct officer from a Presbyter for the Apostles were distinct from Presbyters their office by Mr Stilling fleet is the same upon the matter with that of the Apostles viz a power over both Churches pastours for he will not grant that that power in the Apostles was extraordinar for he sayes that the foundation of this power was laid by Christ himself in that power which the Apostles were invested in therefore that power of the Apostles the power of Prelats must be one upon the matter and so Prelats must be distinct from Presbyters as the Apostles were 2. It is strange how he can so confidently say That it was the practice of the Church of God from the first primitive times to consent to the use of such officers sâ—…ing himself is at so much paines to prove that antiquity is most defective in the times immediatly after the Apostles that none dar with confidence beleeve the conjectures of Eusebius at 300 yeers distance from the Apostolicall times when he hath no other testimony to avouch but the hypotyposes of an uncertaine Clement the commentaries of Hegesippus c. Pag. 296. 297. 3. To let this passe Mr Stilling sleet would do well to shew whether the office of Apostles which is a distinct thing from their extraordinary immediat mission which he is pleased to make the maine distinguishing note of an Apostle also from the power of working miracles to confirme the truth of what they preached did cease by God's warrand and approbation or not if not how could any be so bold as to lay this office aside by which persons should be invested with power over many both Churches and pastours how can any say that it is not still necessary Mr Stillingfleet seemeth here to plead for the divine right of prelacy And indeed if the office power of Apostles be the same with prelacie if that power or office be not laid a side with God's warrand approbation it must still be an office allowed of God if so Mr Stillingfleet's notion will fall to the ground His saying that the necessitie of the office as in their persons for the first preaching propagating the Gospell is ceased is nothing to the purpose for he must speak of the office as it is the same with the office of Prelats It is certaine the necessity of the office as in their persons must cease because they are gone
such an one is Mr Stillingfleet's prelats rule domineer with as absolute unlimited power as ever any did when it is alledged that they account themselves distinct officers from superiour to other presbyters that there is no warrand for any such officers Mr Stillingfleet their new advocat cometh in sayeth They are no distinct officers let themselves say what they will you may take them up as no distinct officers so suffer them to domineer still if you look upon them as no distinct officers there is no hazard all is saife be they Pope be they Prelat let them pretend to never so high speciall commissions as speciall distinct officers yet they may be submitted unto obeyed this mentall conception will make all right 3. When any are disputing against an intruder in the house of God whether is it saifest to take him up in his own colours to look upon him as he holdeth forth himself or to paint him as any think best If any disputant would take liberty to paint him as he pleaseth he should not dispute for truth but deal deceitfully Let Mr Stillingfleet answere this question Whether is it possible that a man may give out himself for a new officer or not or whether is there any hazard that such an one may be acknowledged countenanced as an officer as such an officer as he giveth himself forth to be in the house of God or not If Mr Stillingfleet be consonant to his principles he must answere that it is not possible for really there can be no new officers warranded of God every one is at liberty to take them up under a right notion there is an end then let all the popish rable ten times moe come in they may be submitted unto for really there can be no other officers in God's house but pastours deacons with Mr Stillingfleet every one may look on all the rest as having their power either restricted or enlairged according to the determination of prudence 4. It may be asked whether the Apostles were distinct officers from presbyt yea or not If they were distinct what was it which made them distinct It could not be their different way of mission for Matthias had not such a mission as Iames Iohn Peter the rest had yet all of them were Apostles Matthias no lesse then the rest It could not be their extraordinary qualifications for Prophets workers of miracles speakers with tongues had extraordinary qualifications yet they were not the same with Apostles further distinct qualifications make not distinct officers Or was it a larger extended power Then it is certane that prelats upon the same account must be distinct officers from other presbyters for they have a larger extended power then other presbyters have 5. Doth Mr Stillingfl think that there is no difference betuixt a man who acteth as commissionated from a judicature having his power particular commission from them a man who doth all of himself by his own power having a commission from none that there is no difference betuixt one who receiveth commands from others as accountable to them one who taketh upon him to command them as he thinkest best betuixt the generall of an army sent forth by the Estates of a land ruled without a King having power commission from them a King making use of the Estates or of the Parliament of the Kingdome as his counsellours whose advice he will follow or not follow as seemeth him good commanding all of them aâ—… pleaseth him best If he think that there is no difference betuixt these then indeed he cannot be much blamed for thinking that the prelat whom he busketh is one the same with the prelat of whom the controversie is But in sober sadnesse let it be asked of Mr Stillingfleet If he did satisfie himself with this his fiction notion There is no controversy now about what may be or of a man in the moon but of the prelats who are now in being concerning these it would be asked whether he thinketh that they arâ—… chosen by the Church over which they are that they are impowered by that Church or by the officers of that Church for that effect that they are accountable unto them so that their power may be restrained at the Churches pleasure Or not rather that they choose ordaine the presbyters commissionat them calling them to an account punishing as they think sit usurping useing this power as their owne not borrowing it from the presbyters in whole or in part as being themselves solely invested with all Church power from Christ letting out the same to presbyters as they think meet Now it is of these that the controversy is it is such as are understood when it is said that they are new Church officers there is no controversy concerning Mr Stillingfleet's supposed Commissioners for whether such as he speaketh of be new distinct officers or not it is no matter so long as these of whom the disput is are such without all question for any thing which Mr Stillingfleet hath said to the contrary for the persons he speaketh of are not the same with the persons concerning whom the controversy is Commissioners having all their power derived from others are one thing such as have all the power from with in themselves are another thing But. 6. To put the matter more out of doubt let it be considered that a distinct proper work with a distinct ordination for that effect is enough to make a distinct officer What distinguisheth Presbyters Deaâ—…ns Let ruleing elders be laid a side seing Mr Stillingfleet will not owne them as Church officers but their distinct peculiar work ordination so since prelats assume to themselves as their peculiar work the power of jurisdiction ordination to speak nothing of the power of order they do account themselves so must all take them to be distinct officers All the prelats that ever were yet in the world did look upon themselves as distinct from presbyters all who ever wrote of prelats took them up as such whether Iure Divino or Humano all is one as to this bussinesse of their being distinct till Mr Stlling fleet did vent his new notions 7. That a judicature which acteth joyntly in matters of jurisdiction may in some particulars for facilitating their execution impower one or moe of their number for that effect is easily granted but that they may so Impower them as to denude themselves wholly of the power so enlarge the power of others as to null their owne must be otherwayes proved then by Mr Stilling fleet 's bare assertion Christ's commission taketh in both the power of order jurisdiction alloweth his servants no more to denude themselves of the one then of the other They themselves must answere for
the duties of the one as well as for the duties of the other And every Presbyter hath the Ius to both as well in actu secundo as in actu primo judicious Vâ—…etius Polit. Eccl. Pag. 224. Quaest. 15. doth abundantly cleare this particular shewing that such a delegation is not lawfull out of Mat. 18 18. 16 18. 1 Cor. 5. Act. 20 28. 1 Tim. 5 17. 1 Thes. 5 12. 1 Pet. 5 1 2. comp with 1 Tim. 3 5. Ioh. 20 20. 1 Tim. 3. 4 13 14. 2 Tim. 2 2. 4 2. Tit. 1 3 5 7 8. Whatever may be done in case of necessity for dispatching of some particular Act which is transient And how or what way the limitation exercise of the power of jurisdiction belongeth to the Church in common more then the limitation exercise of the power of order is not yet clearly demonstrated by any thing which Mr Stillingfleet hath said And it is known that Prelats arrogat to themselves a speciall or sole interest in the power of order as well as in the power of jurisdiction therefore they stile themselves the only Pastors of the Dioecies say that the Presbyters are but their Substitutes Vicars And it is certane that they assume to themselves the sole power of ordination And though here in this place which is now under consideration Mr Stillingfleet is pleased to rancke up ordination under the power of jurisdiction yet else where viz. Pag. 273. he sayeth that The collation of orders doth come from the power of order not meerly from the power of jurisdiction 8. How cometh the Christian Magistrat in here to appoynt the constant limitation exercise of the power committed by Christ unto Church Officers This is a very great power granted unto the civill Magistrat some warrand would be seen for it But this is not the proper place to examine his notions concerning the power of the civill Magistrat in Church matters Enough of this observation Obs. 5. With Presbyterians the practice of the Apostles of the Churches in their dayes following their appoyntment command is of much weight It is true their examples as examples do not binde But when the Lord hath sent them forth for this end errand to plante Churches to ordaine new offices officers immediatly under him and to appoynt unto these officers their proper work to show them how what way they should goe about their work when in all things they delivered nothing to the Church but what they received of the Lord 1 Cor. 11 23. as Tertull. said de praeser adv haereses Apostoli nihil ex suo arbitrio elegerunt quod inducerent sed acceptam à Christo disciplinam fideliter nationibus assignaverunt Sure then their practice example ought to be followed Seing they were sent forth for this end especially viz. to reforme setle Churches in doctrine worship discipline governement according to a new Gospell modell can any think that we are not obliged to follow their practices It it true there can be no duty without a law making it a duty But Christ's sending them forth for this end giving them a speciall commission for this work sending them forth as the Father sent him breathing the Holy Ghost upon them commanding them Math. 28 v. 19 20. To goe teach all Nations all things which he had commanded them Act. 1 2 3. Speaking to them of the things pertainting to the Kingdome of God By which sayeth Calvin on the place Is signified that Christ would not goe away till first he had seen to the governement of the Church carry a law in their bosome say that their example is obligeing And when there is a law or warrand for following such an example it is but in vaine to dispute whether it be the example which bindeth or the rule making it our duty to follow such an example But moreover he will grant that examples in actions that are morall naturall are obligeing whether as examples or by reason of the morality of the action needeth not be anxiously enquired after will not actions done by them upon morall grounds that are of perpetuall concernement become actions morall naturall so obligeing Is not their example in observing the first day Sabbath obligeing And why He sayes because there was a morall law standing in force concerning the observation of one day in Seven Why then shall not their example in observing such or such a forme of governement be obligeing seing there was a morall law standing in force concerning the governement of the Church in generall Is there any rule extant making their example in the one case obligeing not in the other If the Apostolicall practice in the one case make an Apostolicall tradition so a divine institution so will their practice do in the other case yea the examples of the Churches practise in the Apostles times hints from their writtings do sufficiently evidence an institution we read of elders in Ierusalem hence we saifly argue that they were ordained though we read not in terminis terminantibus of the manner how they were ordained sayeth one But he hath foure things to object against this ground taken from the practice of the Apostles though acted by the Spirit Part. 2. cap. 6. § 20. As 1. That the Apostles did many things without any intention of obligeing others as preaching without maintenance c. Ans. 1. The consequence is null Because they did many things without such an intention will it follow Ergo they did nothing with such an intention 2. The disput is about such actions as were done by them by vertue of their speciall office calling of which kinde this is none to preach at some Churches without wages 3. Yea this same action of preaching without wages is to be imitated in the like cases that is when Ministers have a competent livelyhood otherwise as Paul had who said he robed other Churches 1 Cor. 11 ver 8. when there is no other way to stope the mouthes of false teachers who thereby take occasion to hinder the good of the Gospell for this was the thing which moved Paul to take â—…o wages from Corinth That he might cut off occasion from them that desired occasion and these were the false Apostles 1 Cor. 11 v. 12 13. 2. He sayeth The Apostles did many things upon particular occasions emergencies circumstances which things so done cannot binde by vertue of their doing them any furder then a parity of reason doth conclude the same things to be done as Paul's celebat communitie of goods their preaching from house to house absteaning from blood c. Ans. this is still to argue a particulari because such such particular practices oblige not Ergo no practice obligeth is a weak consequence 2. Actions done upon particular occasions emergencies are of another nature then such actions as are done
Church is lawfull when the case so falleth out that union cannot be keeped up with her with out sin much more will a forbearing to hant the ordinances in such a particular parish to attend the Ministerie of such a particular person be iustified as no sinfull separation when the contrary cannot be done without siâ—… so it is in this case as hath been showne above Reverend Famous Doct. Voâ—…tius 〈◊〉 Eccles. Pag. 68. Quaest. 17. Granteth that upon some such occasion one may â—…bstean from explicite communion with a particular Church for these reasons 1. Such communion is not absolutly Necessary necessitaâ—… Mediâ—… nor yet necessitaâ—… praeceptâ—… when the Christian shall have more peace of conscience free exercise of Christian duâ—… else where 2. such persons may keep communion with other purer Churches in other places And Famous Mr Rutherford in his due right of presbyteries Pag. 253. Pag. 254. Where he is laying down some considerations about the degrees of separation sheweth us That there is a separation negative or a non union as That in Augustin's time when the faithfull did separate from the Donaâ—…sts which is lawfull landable now if there be a separation here it can only be a negative separation not a positive separation He sheweth us againe ibid. That there is a separation from the Church in the most worst part a separation from the least best part that these who separate from the worst greatest part do notwithstanding remaine a part of a part in the visible Church because they do not separate from the Church according to the least best part thereof as the godly in England who refused the popish ceremâ—…nies Aâ—…tichristian Bishops Hence it will follow that though now people should withdraw from communion with the greatest part of the Church which is now corrupted they cannot be accounted separatists because they hold still communion with the better though lesser part Moreover he sayeth Pag. 254 255. That there may be causes of non-union with a Church which are not sufficient causes of a separation as before the jewes came to blaspheme openly as they did Act 1â—… 44 45 46 18. 16. there was no just cause why any should have joyned to the Church of the jewes seing there was a cleaner Church to which converts might joyne themselves Act 2 40 41 42. And whether or not the reasons formerly laid down will be a just cause of non union which is all we plead for let the reader judge Lastly he tels us ibid Pag. 255. When the greatest part of a Church maketh defection from the truth the lesser part remaineing sound the greatest part is the Church of separatists though the manyest greatest part in the Actuall exercise of discipline be the Church yet in the case of right discipline the best though fewest 〈◊〉 the Church For truth 〈◊〉 like life that retireth from the manyesâ—… members unto the heart there remaineth in its fountaine in case of dangere So that it is the Major part which hath made defection that is to be accounted separatists not such as stand to their principles though they cannot complye of joyne with the corrupt majoriti Hence it is aboundantly clear that such as refused to obey this Act cannot be accused as guilty of sinfull separation It will be objected thirdly That by refuseing to obey that Act they declare they look not on these men as Ministers if they account them no Ministers they must say that their baptizeing is no baptizeing also that the Church of Scotland now is no organicall Church And that such do well who refuse to bring their Children unto them to be baptized Ans. 1. Though it were affirmed positively as it is not that all of these men were no Ministers Yet it would not follow that the Church of Scotland were no organicall Church because all these ministers who are now violently restrained from exerceing their Ministeriall function are Ministers officers of the Church of Scotland though bound up from exerceing their office for as no deed of a Magistrat can loose a Minister's relation so long as his life is in him unto the Church universall so no deed of the Magistrats can loose a Ministers relation to the nationall Church whereof he is a member so long as he remaineth â—…vis regnâ—… is not banished out of that Kingdome Yea reverend Apollâ—…nius in his jus Majestatis circa sacra Par. 1. Pag. 331. thinketh that when a Minister is wrongously put from his charge by a Magistrat he remaineth still a Minister of that Church from which he is banished jure divino Because of his call hath a right to exerce all his Church power there as a wife ravished from her husband remaineth still his wife because of the marriage covenant which is inviolable therefore all these Ministers who are yet within the Kingdom are reall officers of the Church of Scotland full compleat officers as to the power only they are violently restrained from the actuall exercise of that power And therefore the Church of Scotland is still an organicall Church as a man is an orgâ—…nicall body when bound hand foot so as he can neither work nor walk But 2. Whatever may be thought ofsome of these men whose being reall officers in the Church of God as was said may much be questioned what sad consequences may follow upon the nulling of their office let these see to it who either send such forth or imploy them Yet as to all of them this forbearing to yeeld obedience unto this Act will not ground the consequence alledged For there is a difference betuixtthe not owneing dis-countenanceing of a man as no Minister at all or no Minister of the Church universall And dis-owneing or dis-countenanceing him as not being their minister in particular or as pastor of such a particular flock It is certane a man may be a Minister of the Church universall yet not the Minister of such or such a particular place It is certane a man's relation unto such or such a particular flock may be Changed by transportation when his relation unto the Church universall abideth And so it is certane that a denying of one to be a Minister of such or such a particular flock will not by any good consequence be a denying of him to be a Minister at all Many things may loâ—…se a Minister's relation to such or such a particular congregation which will not a null his relation unto the Church universall And when his relation to such a particular flock is loosed that particular flock is loosed from being a flock owneing him as their Minister for relata se muâ—…uo ponunt et tollunt And when such or such particular persons refuse to owne such a man as their pastor in particular it cannot be inferred that therefore they deny him to be a Minister at all Unlesse this consequence
function any more within the Kingdome If the objection goe upon this supposition it is sufficiently answered above But next suppone there were such a command expresly prohibiting them they were not bound to give obedience Because to inhibite discharge the Actuall exercise of the function of the ministry is a spirituall censure it is reall suspension which is a sentence that can lawfully be passed only by a Church judicature the civill Magistrat can no more suspende from the exercise then he can depose from the office for the one is a degree unto the other See Apollde jure Maj. circa sacra pars 1 pag. 334 335 336. And Rutherfurd's due right of presbyteries pag. 430 431. And therefore though the civill Magistrat should passe such a sentence conscientious Ministers ought not to obey because the civill Magistrat in passing such a sentence is not keeping within his sphaere but transgressing the limites of his calling when the civill Magistrat is usurping the power that doth not belong unto him obedience is not to be yeelded neither is he to be countenanced or encouraged in that Therefore though there were no more this is sufficient to call all Ministers to give testimony against such an usurpation by refuseing to obey any such Act or by preaching when God giveth a call in his providence in any place they comeâ—… unto though there were never such an expresse Act to the contrary They mâ—…st not by their silence And obedience unto such commands gratify the civill Magistrat make him another pope See Apollon juâ—… Maj. circâ—… sacra par 1 pag. 338. SECTION XVII It is lawfull for Ministers to preach after the pretended prelate hath either suspended or deposed them BEing now speaking of the trouble that Ministers are put to for preaching of the Gospell it will not be amisse to speak hâ—…e of another case And it is concerning such as either are or shall be suspended or deposed by the prelats or their Synods And it may be some may think that though they be not bound to be silent upon the sentence of banishment passed against them by the civil Magistrat Yet being formally silenced or deposed by the Bishop or his Synod they cannot lawfully contraveen that Act sentence it being the act sentence of a Church judicature or of such as have formally Church power authority But the serious pondering of these six things will cleare that notwithstanding thereof they are bound to look upon themselves as Ministers so not only may but ought to exerce their Ministery as God shall put opportunity in their hands 1. Submission unto such a sentence would be an acknowledging of the prelate of his power this is contrary to their oath covenant Such officers as prelats were cast out of that Church abjured now submission unto their sentence would be an expresse owneing of them acknowledging them to be really cloathed with Church power particularly with power over preaching presbyters so they should acknowledge another officer in the Church then Christ hath instituted which no true Christian ought to do If the 〈◊〉 should take upon him to depose or suspend any Gospell Minister would not that Minister acknowledge the power of the Pope if upon the receiving of such a sentence he should leave off the exercise of his Ministery And when the civil Magistrat taketh upon him to depose a Minister immediatly if that Minister should upon such a sentence be silent submit would he not thereby acknowledge that the Magistrat had power to depose Ministers formally Sure none could doubt of this So then it is beyond all question that to submit unto such a sentence would be a clear acknowledging of their power this is diametrically opposite unto an endeavour to extirpat them 2. If it were lawfull to submit unto their sentence it were undoubtedly lawfull to compeer before their court 〈◊〉 before a lawfull court answere unto any accusation given in against them for if one may acknowledge the lawfulnesse of the sentence of such a court they may also acknowledge it lawfull to answere before them so lawfull to owne them as a lawfull court Now seing conscientious Ministers could not have clearnesse to compeer before the prelat or his Synod when summoned can it be expected that they should counter-act their own testimony condemne themselves by submitting unto their sentence 3. Such a submission would prove very stumbling unto the godly for 1. It would encourage them to owne the prelats as lawfull Church officers to compeer before them to obey their acts so to owne acknowledge them as lawfully impowered for if they be owned acknowledged in one particular why not in all 2. it would wronge the peace of the godly who have hitherâ—…ill keeped a distance give a check unto their conscientious walk ing when they should see ministers submitting to their sentence as to the sentence of any uncontroverted lawfull Church judicature 4. Who ever condemne this non-submission sure such as of late thought they could not in conscience submit also all such as did approve them in that particular unto the sentence of deposition or suspension passed against them by a controverted assembly because they looked upon it as no lawfull Generall assembly being not lawfully constituted cannot condemne this but according to their principles must preach for no doubt the power of prelats is much more to be questioned then the power of such assemblies even many who will stand to the justifying of that assembly will never justifie the power of prelats therefore it cannot but be expected that such as thoughte the sentence of that controverted assembly null should now look on the sentence of a prelat as null and of no effect and therefore as little if not lesse to be regairded submitted unto 5. Beyond all question it is a sentence proceeding from such as have no power therefore ought not in conscience to be submitted unto A minister who is called of God must not lay aside his office or the exercise of his office power upon every man's desire But if he be exauctorated at all it must be by such as have lawfull authoritie for that effect unto whom he is bound in conscience to subjecte himself And so he shall have peace though the sentence be passed clave errante unjustly There will no man quite any of his goods upon a sentence comeing from an incompetent judge And shall a Minister quite with his Ministerie which should be dearer unto him then any thing else upon a sentence proceeding from an incompetent judge ora privat person this in reason cannot be expected 6. If so be they should submit unto this sentence account themselves no Ministers It would follow that though the prelats were all away they might not preach nor exerce any ministeriall Act untill a Church judicature would take off the sentence againe then not only they
but the Church judicature also in so doing should acknowledge the validity of the sentence and consequently the lawfulnesse of the power from which it did slow But it will be objected 1. That that sentence cometh not from the Bishop alone but from a Synod whereof he is only the moderator Ans. Though the sentence be given out at the meeting of such as are underlings to complyers with him Yet the sentence is only his sentence this he is pleased to signifie unto all at their meeting left they should forget it so mistake him themselves both And he indeed maketh a fashion of asking their votes to the end they may be partakers of the guilt of the odium with himself But he acknowledgeth them to have no power unlesse it be to give their counsell advice But. 2. It hath been showne above that such meetings are no lawfull Church judicatures no presbyterian meetings but prelaticall conventions conventicles set up of purpose for his ends for the carrying on of his designes And their not compeering before these meetings sayeth they did not acknowledge them to be lawfull meetings therefore they cannot now acknowledge their sentence It will be objected 2. That though they ought not to be submitted unto as prelats or coâ—…rts of prelats Yet they ought to be submitted unto as the King's commissioners their sentence is in so far to be reverenced Ans. Whether they sit Act there as principall or as commissioners yet any such sentence proceeding from them is a non-habente poâ—…estatem from such as have no power For of themselves they have no such power they can have no such power from the King for nemo pâ—…test dare quod non habet the King can not give them the power which he hath not The King cannot depose a Minister immediatly It is true he may put a lawfull judicature to whom this power doth properly belong to do it or he may imprison or banish consequently put from the exercise in such a place but formally he cannot give out any Church censure of suspension or deposition against any Minister therefore he can commit no such power unto any man whether he be a civil man or a Church man And thus It is still clear that this sentence should not be submitted unto if it were no more but for this one cause because it should be an acknowledgeing of the Magistrat's power in the matter of Church censures which is an assertion unto which no sound reformed divine will assent It will be objected 3. That seing it is certane such shall be put from their Ministerie ere long however for if they submit not unto the sentence the civil Magistrat will either banish or imprisone or some other way put them from it whether they will or not were it not faifer then to prevent further suffering to themselves theirs by submitting in time Ans. It is true that in all probability the civill powers will not suffer such to preach long after such a sentence is dissobeyed But yet it is the duty of all so to carry themselves when suffering is at hand as that they may have most peace of conscience quietnesse under the crosse And it is certane they shall have far more peace who continue preaching as opportunity offereth notwithstanding of any such sentence untill some phisicall restraint or what is equivalent be laid upon them Then such as shall willingly submit unto an unlawfull sentence proceeding from an unlawfull judicature deriveing power from an empty fountaine thereby give offence great scandall both to good bad It will be Objected 4. That submission to judicaturies established by law is necessarie Either obedience active or passive is necessary otherwise there shall be no order Ans. Whatever may be said anent submission or non-submission unto the unjust sentences of lawfull judicatures Yet it will be clear that no submission should be yeelded unto the unjust sentences of unlawfull judicatures For the authors of the review examination of that book intituled Protesters no subverters and Presbytery no Papacy grant Pag. 96. This much saying we plead not for submission to officers judicatories not of Christ's own institution such as not only popes but prelates were no lawfull Church officers so that here their arguments conclude not taken from the practice of Ministers not submitting to the sentences of prelats in the Church So that then all the Church of Scotland as to this particular it seemeth was of one judgment and thought that Ministers should not submit unto prelats passing a sentence of suspension or deposition against them these prelats being no lawfull Church officers so it is clear that this non-submission in this case is no new thing in that Church but was the practice of severall worthy precious men before as the book before mentioned sheweth which instances are worth the noticeing now SECTION XVIII It is lawfull for the people to hear those suffering Ministers to meet for prayer other Christian exercises in private WHen the poor people cannot in conscience attend the ministry of such as are thrust in upon them against their will for the reasons already given their temptation groweth double upon them their trouble increaseth for now when they goe to hear such Ministers as they may lawfully hear either in publict or in private it is a cause sufficient for persecution yea or if they meet two or three together in any privat place for prayer conference or any other Christian exercise they are in hazard to be hailed to prison punished as keepers of conventicles Doubtlesse it cannot be very necessary to speak much for the justification defence of those who either have suffered or may hereafter suffer upon that account seing few who owne Christianity or know the sweet of Christian exercises and of Christian fellowshipe will condemne such as value the good advantage of their souls beyond their bodies yet lest some should be moved to think that at such a time such wayes should be forborn a little must be spoken to justify both those courses And first for their going to heare either in publick or privat such Ministers as are still lawfull Ministers what ever sentence hath passed against them have given a faithfull testimony unto the truth by adhereing to their principles notwithstanding of all the sufferings they do or can meet with much needeth not be said seing 1. They are so expresly often commanded to heare the word of truth to heare what is the minde of the Lord for by the Ministery of his servants doth God manifest his minde unto his people The priests lips should preserve knowledge and the people should seek the law at their mouth who are the messingers of the Lord of hosts It is their duty to waite at the posts of wisdomes doors this will be undenyable 2. There is an innate desire in the saints after the word
admonish one another Rom. 15 13. Presse or urge a thing upon the minde of another so instruct them aright as children are instructed this sayeth they must often be together for this end 9. They must teach and admonish one another in psalms and hymnes and spirituall songs Col 3 16. can this be done unlesse they assemble together 7. They must be kinde or profitable one to another Ephes. 4. last this sayeth they must not be strangers to other 8. They must serve one another in love Gal. 5. 13. that is they should spend themselves for one another for their spirituall advantage that in love should they not then assemble together 9. They must receive one another Rom. 15 7. that is receive with affection imbrace one another And must they then scarre at the company of one another And not rather receive other into their intimate fellowship 10. They must be subject one to another Ephes. 5 21. 1 Pet. 5 5. every one ready to give to take reproofs to from another to do service to other as called thereto this sayeth they must not live as strangers to other 11. They must confesse their sinnes to one another and pray for another Iam. 5 16. 12. They must ministere their gifts to one another 1 Pet. 4 v. 10. Obj. It will be objected that this is sedition opposeing of established lawes made for the good of the common wealth against such conventicles therefore such controvâ—…ers cannot be justified Ans. It is not for fear of any disturbance to the peace of the common wealth that such Acts are made for a few women who in all likelihood are able to do little that way may not meet together 2. The heathens did pretend this when they made lawes against the meetings of the primitive Christians And therefore their meetings were called Factions And conventicles And yet the primitive Christians did not forsake the assembling of themselves together notwithstanding of all these edicts albeit that severall times they were put to suffer upon that account seâ—… this fully made out by the learned Mr Stilling fleet in his Origines sacrâ—… Lib. 2 cap. 9. Pag. 316. c. And who then will condemne these Zealous Christians now for so doing SECTION XIX The unlawfulnesse of compeering before the high Commission Court demonstrated TO the end that the forementioned persecution of the saints servants of God might be the better carryed on There is a high commission court erected consisting of the two arch prelats some other prelats of some noble men some Magistrats of brughs some souldiers others And this number or any five of them a prelate being alwayes one of the five have power granted to them from the King who appoynteth them by vertue of his prerogative royall supremacy over all persons in all causes ecclesiastiek as was shown above Sect. 12. To suspend deprive excommunicate as also to punish by fineing consineing committing incarcerating all keepers of conventicles all Ministers who contrare to the lawes acts of Parliament councell remaine or introduce themselves upon the exercise of the function of the Ministery in those parishes bounds inhibited by those acts all preachers who come from England Irland without sufficient testimonialls or leave of the Bishops of their dioceses all such persons who keep meetings fasts at the administration of the sacrament of the Lord's supper which are not approven by authority All who speak preach write or printe to the scandall reproach detriment of the Estate or government of the Church Kingdom as it is now established All who contemne molest injure ministers who are orderly setled All who do not ordinarily attend divine worship administration of the word sacraments performed in their respective parishes by ministers legally authorized for taking the cure of these parishes All such who without any lawfull calling as bussy bodies goe about houses places for corrupting disaffecting people from their alleagiance respect obedience to the lawes And generally without any prejudice to the particulars specified all who expresse their dissaâ—…sfaction to his Maj. authority by contraveening the acts of Parliament Councell in relation to Church affaires etc. This court appeareth terrible unto the godly for the persecution of whom of none else no not the most flagitious prophane it is erected seemeth to be as a new court of inquisition But that which is more lamentable is this That there lyeth hid here a dreadfull snare for tender consciences For it is such a court as tender hearted Christians cannot but scruple to acknowledge or compeer before without a declinature the giving in of which would be accounted laese Majesty therefore in such a case such as resolved to keep a good conscience in this day of tryall defection saw a necessity of withdrawing of not compeering at their summonds even though they might have pleaded them selves innocent of any crime laid to their charge Now if any would desire to know the reasons why such a court cannot in conscience be owned acknowledged or submitted unto as a lawfull judicature let him consider these particulars lay them together he shall see clear reason for either declineing or withdrawing 1. This is a judicature meddling with censures purely ecclesiastick such as suspension deposition of Ministers excommunication both of Ministers people therefore must be acknowledged to be a Church judicature Now there is no warrand for any such Church judicature in all the new testament nor is there any precedent of the like to be found in the Gospell Christians must acknowledge no Church judicature but what hath a speciall warrand from Christ's law testament 2. This is a Church judicature having its rise power commission only from the King the King granteth this power to this Commission authorizeth this court by vertue of his royall prerogative over all persons and in all causes as well ecclesiasticke as civil So that none can acknowledge this court but withall they must acknowledge the Kings prerogative royall supremacy in all causes over all persons particularly they must acknowledge that pure proper church power doth properly reside in the person of the supreme Magistrat that he hath proper power to suspend depose ministers also to excommunicate so hath power to Commiâ—…sionat any of his subjects he thinketh good for that effect But what presbyterian yea what sound protestant who is not devoted to Erasius's Antichristian notions will or can acknowledge this 3. In this judicature civil persons as such viz. the Chancellour Thesaâ—…rer duk Hammilton Marquis of Montrose Earles Lords others who are no Church officers have power in Church matters viz to suspend depose excommunicate But this is against all the Discipline lawes of Christ's house for Christ will have the affaires of his house governed by
dayes of their life And among other things referred to the determination of the Generall assembly this concerning the civil places power of Kirk men was one And accordingly the Generall Assembly did determine act sess 25 Decemb. 19. 1638. That it was both inexpedient unlawfull for pastors separated unto the Gospell to brook civil places offices the next day there was an act made for subscribing of the covenant accord ing to this determination for say they it is found by the confession of faith that the five articles of Perth and the civil places and power of Kirkmen are declared to be unlawfull The assembly alloweth and approveth of the same in all heads and articles thereof and ordaineth that all ministers masters of universities colleges schoolâ—… and all others who have not already subscribed the said confession and covenant shall subscribe the same with these words prefixed to the subscription viz. The article of this covenant which was at the first subscription referred to the determination of the Gen. assembly being now determined at Glasgow in Dec. 1638. And thereby-the civill places power of Kirkmen being declared to be unlawfull We subscribe according to the determination of the same free lawfull generall assembly So that it is most clear that none can owne this judicature without the breach of this covenant so explained because they cannot acknowledge this judicature but withall they must acknowledge the civil power places of Kirkmen It will be objected That the Commissioners of that court and particularly the prelats may be owned as his Maj. Commissioners so it will be lawfull enough to compear be fore them Ans. If they be looked on as his Maj. Commissioners Then either as his commissioners in spirituall matters or in civill matters If as his commissioners in Church matters then no Minister or Christian could owne them as cloathed with such a power because his Maj. hath no such power from God therefore they can have no power from him by vertue of this Commission moreover compearing before them under that notion as having power of Church censuras by vertue of a commission from the King is an acknowledging of such a power in the King which is contrary to truth as is showne above If as his commissioners in matters civil then Church men should be owned as having civil power which were contrary to the clear word of Christ to the expresse determination of the Assembly also contrary unto the nationall covenant But it will be objected in the next place That upon the same ground no man might lawfully compear before the High court of Parliament because prelats are now made constituent members thereof so compearing before them would be an acknowledging of the lawfulnesse of the Church men their having civil places power Ans. It is true they may do nothing that may be an approving of their having civil places civil power therefore thâ—…ough they might not decline the court of Parliament in a civil businesse yet at their first compearance they would be necessitated to declare that they do not acknowledge nor approve of Church men their having civill places and power to protest that by their compearance before the High court of Parliament they might not be looked upon as approving thereof which protestation might in this case salve the conscience but no wayes in the other case of appearing before the High commission that because the Parliament is a full compleat court without the prelats so that though they were laid aside the Parliament would be a Parliament still but without the prelats the high Commission is no court for one of them at least is sine quo non so that lay these all aside you have no high commission courtâ—… therefore they being essentiall members of the court it is impossible to compear protest that in compearing you do not acknowledge their civil power without a self contradiction for in your protestation you have them virtually laid by as no constituent members if they be no constituent members there is no court yet your compearance sayeth that they are a court so it would be a palpable contradiction to protest against these as no constituent members yet stand before them answere as before a court But as to the Parliament the case is far different for when the prelats are there laid aside there is a full compleet court remaineing before which you may stand answere for your selfe the Parliament hath been may be a full compleat Parliament without prelats but the high commission never was a court without prelats may be a court with full power authority when there are no other constituent members beside prelats Some may object in the third place say This High commission court doth not meddle with Church censures therefore cannot be looked on as a Church judicature meddleing with Church causes Church censures but is only a civil court medleing with civil causes viz. the putting of the Acts of parliament to execution Ans. 1. Though this were granted Yet there is ground enough of scrupleing at the owneing of the same as may be seen in the 4 7 9 10 11. reasons formerly adduced But. 2. It is not very materiall to consider either how little or how much of their power they do put unto execution but the maine thing is to see what power they may exerce Now the best way to finde out this is to look to their commission which will abundantly cleare us in this Their commission sheweth how far their power doth reach or what actions or causes fall within the compasse of their power And by this we can best take up the nature of the judicature So that if their commission give them power to suspende depose excommunicate every one must look upon them as a judicature having that power whether they should alwayes or never exerce it And that their commission granteth to them this power will not be denyed by any who hath ever seen the same And that part of it which was cited doth cleare it suffeciently And therefore it is a mixed judicature being as well Ecclesiastick as civil If it be replyed That properly they have no power of suspending deposeing excommunicating immediatly But the meaneing is they are to cause the respective Church judicatures to suspende depose excommunicate for the Act or commission containeing their power sayeth they have power to appoynt ministers to be censured by suspension or depâ—…ion It is Answered 1. They have power to appoynt Ministers to be censured by suspension or deposition the same way that they have power to appoynt them others to be punished by fineing confineing committing incarcerating but this power they execute not by putting other civil judicatures to do it but they themselves immediatly do it therefore so have they power granted to them to do the other immediatly
the ground of the answere is clear from the very words of the commission which putteth no difference betuixt the way of their appoynting Ministers to be suspended or deposed the way of their appoynting others to be fined confined or incarcerated we must not distinguish where we have no ground And therefore it is said more clearly in the former part of the commission that they have power for the causes specified to suspend deprive excemmunicate these words make the matter as clear as can be 2. This coâ—…t is raised of purpose to put the Acts of Parliament in execution immediatly for so sayeth the commission it self That they are to â—…se their outmost endeavour that the Acts of Parliament and councell â—…or the peace and order of the Church c. 〈◊〉 put in vigour and in impartiall execution Now as for this end they immediatly execute the lawes for fineing confineing c. So have they power also immediatly to execute these lawes that are for suspending deposeing of Ministers 3. The end why this court was erected sheweth further that it is in part a Church judicature For it was erected to keep the peace order of the Church the governement thereof by Archbishops Bishops to punish such as presume to violat contemne disobey the Ecclesiastick authority 4. That which doth put the matter yet more out of doubt is the Basis or ground on which this High commission is reared up viz. his Maj. prerogative royall in all causes and over all persones as well Ecclesiastick as civil Now if they looked upon this court only as a civil court haveing power to meddle only with civil punishments his prerogative royall in causes civil had been a sufficient Basis for this Therefore the expresse mentioning of his prerogative royall in causes Ecclesiastick putteth it beyond all debate that they have proper Church power granted unto them so may immediatly depose suspend c. In the last place Some may object against the arguments brought from the unlawfulnesse of Church men their taking upon them civil places And say That though they will prove it unlawfull now for Ministers to take upon them such places Yet they will not prove it unlawfull for any to compeaâ—… before them when instaled in those places More then it can be unlawfull to come before a judge who possiblie hath come'â—… to the place by unlawfull indirect meanes that is his fault others are not concerned therein so here it is the prelates their fault to take upon them these places private persones are not so much concerned therein Ans. There is a vaste difference betwixt the prelates in this court other judges in other courts though comeing to these places by indirect meanes For. 1. These other courts places of judicature are unquestionably lawfull But the High commission is not a court so unquestionably lawfull 2. Other courts are not affected in the poynt of lawfulnesse or unlawfulnesse by the quality of the persones But it is otherwise here in the High commission the very lawfulnesse of the court is questioned upon the account of the prelats being members thereof sine quibâ—…s non 3. These vices or indirect meanes used by others for attaineing of such or such a place in a judicature are for â—…he most partsecrete not clear undeyable or obvious unto all But that which is objected against the prelats is notour to all who read the gospell where they are expresly discharged by Christ to meddle in such a manner with any civil place or power so 4. That which is objected against the prelates is such a thing as affecteth the very person incapacitateth him for the place but in the other cases instanced these vices affect only the manner of entry but do not incapacitate the person a man may be one fit enough for such or such a place in a judicature as to be a judge or a justice of peace or thelike though he use indirect meanes to come by the place but the prelats as prelats if so be they will be accounted Church officers because they are Church men are uncapable of such a place therefore though it will not be unlawfull to acknowledge a judicature unquestionablie lawfull notwithstanding of some secret corruption in the entry ofhim who is in possession of the place Yet it will be unlawfull to acknowledge a judicature in it selfquestionable at best whether lawfull or not when such persones are made constituent members thereof yea members sine quibus non that by the expresse law of Christ are uncapable ofsuch a place and the acknowledging of this judicature cannot but be an approveing of that corruption Because the very acknowledging of the judicature sayeth that the persons who are constituent members thereof are really legally capable of the place as the compearing before acknowledging of a court made up of mere civil persons having power to try ordaine rebuke depose or excommunicate Ministers should be 〈◊〉 acknowledgeing of civil persons their having Church power contrare to the lawes of the gospell Therefore the arguments brought from the unlawfulnesse of Church men taking upon them civil places are still in force By those particulars It is abundantly clear that that high commission court is a most sinfull court even as to it's constitution how dangerous it is to compear before it upon any account without a declinature how it is saifest to with draw escape the snare that is laid there for catching of unwarry souls ere they be aware See the learned Voetius pol. eccles pag. 214. quaest 2. 216. quast 3 SECTION XX. The dreadfulness of the sin of covenant breaking particularly of abjureing the nationall Covenant the solemne league Covenant manifested MAny sad particulars have been mentioned which may occasion grief sorrow unto all the people of God yet there is one other which putteth on the copestone may deservedly make that land a gazeing-stock a hissing unto all nations round about who may stand astonished wonder what is become of Covenanted Scotland For it was not enough for the Parliament to condemne the Covenants which were solemnely sworne subscribed by Parliament at their command by all ranckes of people in the land by the King himself as was showne in the 2. Section But they formed a declaration Septembr 5. 1662. which they ordained to be subscribed by all officers of state members of Parliament privy councellers Lords of Session Commissioners in the exchequer members of the college of justice Sheriffs Stewards or commissaries their deputies and clerkes Magistrats and councells of Brughs justices of peace and their clerks or any other who have publick charge office and trust within the Kingdom And by the subscribeing of this declaration they promise as followeth I do sincerly affirme and declare that I judge it unlawfull to subjects upon pretence of reformation or any other pretence
The grounds ends of this undertaking SECTION 1. Pag. 5. Sheweth When the Christian religion began first in Scotland That Palladius was the first prelate in Scotland No prelats among the Culdees How when reformation from popery began Superintendents no prelats Nationall Assemblies from the beginning of the reformation How the Tulchan Bishops came in over the Church her belly The Church wrestleth till these be put away presbyterian Government be setled in all her judicatories Anno 1592. The King thereafter incroacheth upon the privileges of the Church Prevaileth with some of the Ministers who betray the Church yeeld to Parliament-Bishops hinder the Church from enjoying her privileges liberties in her free Assemblies The faithfull Zealous are persecuted Parliaments carry on the King's designe with violence Corrupt Assemblies are convocated to further his Maj. designe to give Church power unto these Parliamentary Prelats Parliaments ratifie all The Church protesteth striveth against all this what she can The prelats being now inthroned tyrannize over oppresse the faithfull laboure to have ceremonies imposed upon the Church with force acts made in Parliament for bringing in the surplice Corner cap unto which some worthy nobles could not assent Anno 1633. Who are therefore accounted rebels traitours And Balmerino is condemned The prelats rage without all law draw up a service book book of canans c. SECT 2. Pag. 44. Sheweth How the use of the service book was hindered in Edenburgh Ministers people from all parts of the Kingdome petitioned against it The King favoureth not the petitioners They not withstanding continue in petitioning against the service book high Commission prelats c. Renew the nationall Covenant thorow the whole land The King intendeth a war An Assembly is indicted at Glasgow Nov. 21. And opened up This Assembly condemneth anulleth severall pretended Assemblies the book of common prayer the book of canons the book of consecration ordination the high commission court the ceremonies excommunicateth some deposeth all the prelats War is prepared against them They defend themselves A pacification is concluded another Assembly promised a Parliament thereafter The Assembly is opened up The Parliament is convocated but quickly adjourned Commissioners are sent to London imprisoned A new war is raised by the King Scotland prepareth for defence A new pacification The Parliament meeteth ratifieth all which the Covenanters had done Those acts are againe ratified The Parl. of Engl. beginneth a work of reformation entereth into a Covenant with Scotland the two nations joyntly proceed in the begun work of reformation A party in England strengthen themselves alter the judicatures take away the King's life Scotland bringeth home the prince who sweareth the Covenants is overcome by the Englishes in battell keeped in bondage ten yeers till the exiled King returned Anno 1660. SECT 3. Pag. 69. Sheweth Why these Ministers others who met Agust 23. 1660 were incarcerated what their supplication was And how unjustly they suffered upon that account SECT 4. Pag. 77. Sheweth What were the grounds upon which the Marquise of Argilâ—… suffered how insufficient in poynt of law from severall considerations SECT 5. Pag. 83. Sheweth What were the grounds upon which the life of precious Mr Guthry was taken how insufficient Either in law or conscience SECT 6. Pag. 86. Sheweth Upon what account other Ministers were persecuted And how unjustly Some banished for righteousnesse sake some indictâ causâ An extract of the sentence was refused to thosâ—… to all others SECT 7. Pag. 88. Sheweth The grounds why conscientious Ministers could not observe the anniversary day SECT 8. Pag. 91. Sheweth The reasons why Ministers could not observe the prelatâ—… meetings The author of the seasonable case c. Answered SECT 9. Pag. 101. Sheweth The reasons why ministers could not seek presentations from patrons nor collations from prelats The author of the seasonable case answered SECT 10. Pag. 114. Sheweth The true sense of the oath of alleagiance which was tendered Anno 1661. c. Compared with the former how it holdeth forth a great civil supremacie in the King cleared by the act 11 parl 1661. Which at least is much to be questioned from nine severall grounds And cannot lawfully be acknowledged because of ten dreadfull consequences which shall necessarily follow thereupon The former proceedings of the Church state of Scotland vindicated cleared SECT 11. Pag. 140. Sheweth The lawfulnesse of Scotlands defensive war first from the former practices of Scotland other Kingdomes King Iames King Charles confessions of adversaries next from a true clearing of the state of that war in Six Particulars which obviat all the objections of adversaries And lastly from lawyers adversaries the law of nature the law of nations the law of God sound reason SECT 12. Pag. 169. Sheweth What is the meaning of the oath of alleagiance as to its Ecclesiasticall part What way the King's supremacy over Church persons in Church causes began was carryed on in England How the same was advanced to a great height in Scotland What sense this King the late Parliament did put upon the oath of alleagianee by their Acts Actings How it were sinfull to acknowledge by taking the oath That so much Church power belongeth unto the civil Magistrate cleared by Nineteen particulars SECT 13. Pag. 200. Sheweth The groundlesnesse of Mr Stilling fleet 's notion concerning the divine right of formes of Church governement by making it appear how he overturneth his owne grounds how he misstateth the question the practice of the Apostles ground a jus divinum here Christ's institution the institution of the Apostles is for a particular species Christ's faithfulnesse in his office speaketh much for this The hazard is great in leaving the species undetermined The confession of the faith of severall Churches for a Species How he misseth his pretended end arme And how unseasonable his book is at this time uselesse so long as the league Covenant standeth in force though his notion were true in thesi SECT 14. Pag. 254. Sheweth How weak the Reasons are which plead for the taking of the oath of alleagiance by answereing Sixteen of them SECT 15. Pag. 270 Sheweth How unlawfull it is to owne acknowledge the curats foâ—… lawfull Ministers by fourteen reasons Foure objections answered SECT 16. Pag. 298. Sheweth That it is lawfull for Ministers banished from their owne flocks by a sentence of the civil Magistrate to preach in publick or private as God calleth by Eight reasons Thrâ—… objections are answered SECT 17. Pag 305. Sheweth That it is lawfull for Ministers though censured by the pretended prelate to preach as God giveth a call whether in publick or in private by Six reasons Foure objections are answered SECT 18. Pag. 310. Sheweth That it is lawfull for people to meet together for hearing honest Ministers preach publickly or privately And for other Christian duties notwithstanding of Acts made against it by severall reasons One objection answered SECT 19. Pag. 316. Sheweth How unlawfull it is to acknowledge the high commission court by compeering before it by Eleven reasons Foure or five objections are answered SECT 20. Pag. 327. Sheweth How dreadfull a sin it is to abjure the Covenant a sin aggravated by twelue particulars SECT 21. Pag. 347. Sheweth What judgements perjury hath brought on in all ages out of history sacred prophane SECT 22. Pag. 359. Sheweth The lawfulnesse binding force of the solemne league Covenant notwithstanding of all which the author of the seasonable case c. hath said against it SECT 23. Pag. 391. Sheweth The lawfulnesse of the nationall Covenant as it was sworne subscribed Anno 1638 1639 c. Notwithstanding of all which the author of the seasonable case c. Hath said to the contrary The CONCLUSION Pag. 416. Sheweth What the now afflicted Church of Scotland expecteth from strangers what use they should make of this sad dispensation c. FINIS Whence may not men destruction feare Who with deceitfull hearts do sweare This age wherein we live is void of faith For writes are signed twelue witnesses before The notar writt'th both time place what more Yet come'th a man of words who all deny'th King's words have weight great respect More then all oaths which men exact
AN Apologeticall Relation Of the particular sufferings of the faithfull Mâ—…nisters professours of the Church of Scotland since August 1660. Wherein severall questions usefull for the time are discussed The King 's preroâ—…gative over Parliaments people soberly enquired into The lawfulnes of defensive war cleared The supreme Magistrats power in Church matters examined Mr Stilling fleet 's notion concerning the divine right of formes of Church Government considered The author of thâ—… seasonable case answered other particulars such as the hearing of the Curats appearing before the high commission court c. canvassed Together with the rise reigne ruine of the former 〈◊〉 lats in Scotland Being A brieff account from History of the Government of the Church of Scotland from the beginning of the many troubles which Prelats have created to her first last For satisfaction of strangers incouragement of present 〈◊〉 By a well wisher to the good old cause JER 50 34. Their Redeemer is strong The Lord of hosts is his 〈◊〉 〈◊〉 shall thorówly plead their cause that he may give rest to the land 〈◊〉 quiet the inhabitants of Babylon MIC 7 9 10. I will bear the indignation of the Lord because I have sumed 〈◊〉 him untill he plead my cause execute Iudgement for me â—…e 〈◊〉 bring me fâ—…rth to light I shall behold his righteousnes then sheâ—… that 〈◊〉 mine enemy shall see it shame shall cover her which said unto me 〈◊〉 is the Lord thy God Mine eyes shall behold her now shall she be 〈◊〉 down as the mire of the streets ISA. 51 22 23. Thus saith the Lord thy God that pleadeth the cause of his people Behold I have taken out of thine hand the cup of trembling 〈◊〉 the dregs of the cup of my fury thou shalt no more drink it again But I â—…ll put it into the hand of them who afflict thee which have said to thy soule 〈◊〉 down that we may goe over thou hast laid thy body as the ground 〈◊〉 〈◊〉 â—…reas to them that went over Printed in the Yeer 1665 The Epistle to the READER Christian Reader This is a time wherein little or nothing is heard from the Churches of Christ all the world over but lamentation woeâ—… partly by reason of grievous afflictions sore persecution which is none of the worst conditions partly by reason of woefull and shamefull defection falling from former zeale integrity occasioned either by the temptations which usually attend sharpe tryalls of affliction whereby the weakness of many perversness of heart in moe is discovered Or without any such force of externall temptation from an inward decay of life love wearying of God his wayes the Worst condition that a Church can be in which is now the Epidemicall plague of this age Hence it is that the Lord seemeth to be angry with all ready to reject some of his Churches which to him are as a generation of his wrath Have not his people set up their abominations in the house which is called by his name to pollute it And may it not be feared that the curse shall devoure the earth they that dwell therein shall be made desolate because they have transgressed the lawes changed the ordinances broken the everlasting Covenant There appeareth now hanging over the head of the poor little flock of Christ a black dreadfull cloud threatning no lesse then utter ruine overthrow or at least speaking a loude alarme for awaking the secure sleâ—…ping Bride It is most sad to behold how little the Churches of Christ in every place are affected with this imminent stroke ready to light on all to see some of them quiet at rest singing a requiem to themselves as if though dispensations from the Lord doe speak the contrary to all who will but open their eyes their mountaine stood so strong as never to be moved This deadness deepe security when all things speak an approaching storme as it doth evidence a great Judgement spirituall plague from God upon the Spirits of people so it dothpresage no less then remediless â—…uine if God in the riches of his mercy prevent it not What a dreadfull night of confusion astonishment must be at hand when there is such blackness without And such deadness prodigious security within Are not the enemies of the Church as Gebal Ammen Amalek The Philistines those of â—…yre Assur the Children of Lot who are early late at their master's work devising plotting the ruine destruction of the interest Kingdome of Christ Are they not all combined together acted with the same Spirit of Antichrist for this very end purpose to helpe forward as with one shoulder to raise up his fallen interest heale his wound And are they not setting themselves to thrust King Iesus from his throne to put the crowne from his head the scepter out of his hand so to prey upon devour his little flock that if it were possible they should be no more a nation nor their name remembered any more And are they not about the swallowing up of the protestant interest as in a moment And what is the Church of Christ doing all this while Doth she stir up her selfe to call upon her head husband or to awake the watch man of Isreal who neither slumbereth nor sleepeth Is she upon her watch-tower looking out guarding against the approaching enemy or observing his motions Ah not so She is fast a sleepe while the enemy is within the walls And which is more sad lamentable with her own hands she hath helped to make the breach in the wall at which the enemy hath entered now hath faire advantage given him to accomplish his bloody designe against the protestant cause interest So little hath she gained by her sinfull compliance with the opinions practises of Antichristian men whether through base feare or carnall prudence even the cutting of it off And the bringing of his people back againe unto Babylon Who knoweth but though the Lord's enemies shall at last be troden under as straw for the dunghill he shall spread forth his hands in the midst of them as he that swimmeth spreadeth forth his hands to swim bring down their pride together with the spoiles of their hands lay low in the dust bring to the ground even the high fortresse of their wall so make all his enemies know that there is a King in Zion who shall must reigne untill all his foes be made his footstoole the onely wise God who knoweth how to turne every thing to the best may suffer the adversaries to prosper in their device designe so give up many of the people called by his name to the sword of the enemy that others may be alarmed awaked from their sleep put to their prayers even to calling upon God with their whole heart
were sworne to maintaine according to their place power their lives lands possessions liberties as scottish men as Christians into the hands of their implacable enemies Were these valient worthies now living who are gone off the stage with honour credite heating seeing what they might now heare see how would they stand astonished at this degenerated generation that so easily quite with that which they did lose their blood lives to purchase obtaine Yea to see or heare the self same persons who but twelue or Sixteen years ago were jeoparding their lives with them for the same cause either condemning that practice or carrying themselves so indifferently now as if these matters appeared but tâ—…islles not worth the contending for Whosoever they be who now seem to be ashamed of that cause of themselves in contributeing their help for the promoveing of the same It may be thought that it was not conscience that moved them thereunto but some other ends otherwayes their judgements would not so soon alter seing there is no other argument now seen but the winde changed from south to North which dispensation useth not to worke much upon consciences what ever it may do upon other principles If the former generations had been of such a cowardish disposition how had Scotland been delivered If they had walked upon no other principles but such as would have changed when the storme did beginne to blow upon their faces where had the land been ere now And if there be no other spirits in Scotland this day where may it be imagined shall that Church be found ere long 7. Thou mayest hereby be more enabled to disput against prelacy then possibly thou was having now seen how what way it was brought in into the Church formerly how it is ushered in to day And when it is established by force over the Churches belly how it proveth the bane of all Church order piety edification And this is a strong argument to prevaile with such as have the root of the matter in them enough to make them question such a way as no way of Christ's To say that the abuse of the power by such as are in possession of it will not plead much against the power it self will be of â—…o fore in this case where the jus of the power cannot pretend heigher then to be humanum And if its admirers should alledge that it is founded upon a jus divinum These necessary consequences as so many propria quarto medo will sufficiently ground an improbation Scotland never saw prelates without such a long traine of hellish consequences discovering to any judicious eye their rise to be from below And if the prelats now in place had thought it of their concernment they might have cut off that long taile but it seemeth if they had done so they would have lost somewhat that they thought essentiall to themselves therefore as if they had thought all the abuse whereof their predecessours were guilty was their too much lenity forbearing to persecute the godly banish piety They have made the poor Church feel that their little finger is heavier then the loynes of their forefathers And so the argument of the vulgar is confirmed with a witnesse become more unanswerable then ever 8. Thou mayest likewise have arguments put into thy mouth whereby to defend thine own practices in standing to thy former principles stope the mouth of thine adversaries before thou was willing to suffer for Christ his interest though thou could not disput much for him his truth that was a great evidence of love And now thou mayest get some help in disputing for the truth by the arguments set down in the following sheets And the few arguments which thou will finde there may bring others to thy minde thus thou mayest be helped to meet thine adversary without fear 9. But if these adversaries be of such a disposition as to take advantage of thy speaking or argueing for truth to bring thee into trouble therefore in prudence thou will think it best to keep silence Thou mavest here by be confirmed in thine own minde of the unlawfulnesse of such courses as the current of the times would draw thee unto as it doth others how unjustly thou art persecuted for refuseing to comply with such sinfull wayes And further because it is like the malice of Satan his instruments will not rest here but they will still be deviseing new wayes to lay snares for the consciences of such as walk uprightly by what is said to the particulars handled in the following sheets thou mayest be helped to judge of new emergent questions which thou mayest be exercised with afterward so to know how thou oughtest to carry thy self in reference to these new tryals 10. Thou mayest have some ground of hope That the Lord's end in suffering this sudden sad Change to continue so long is but to juâ—…ge more fully his Church from the much drosse corruption which otherwayes in all probability had never been purged away It is possible that these by-past yeers of prosperity her most afflicted condition being a prosperous state when compared with her present condition have done the Church of Scoâ—…l more harm by reason of corruption within then many yeers of sad adversity shall do The former prelats had a time before they came to their height all those many yeers wherein hâ—…y were on the riseing hand after they came to the possession of their full power the Lord was trying purging his Church And at length when his time came who waiteth that he may be gracious loseth not a fit opportunity of doing good to his Church people he brought the Church of Scotland out of the furnace laid her stones with faire colours her foundations with Saphites So that the yeers 1638 1639 were as glorious years as any which she hath seen since And these prelats though they have made great haste in their rise yet must have some time to do that work in which the Lord is imploying them as his lixes one day discovereth more now then a yeer formerly could have done One prelat blessed be the Lord who is master of work doth more then many purging committees could do Why then should we weary We know not what the Lord is about to do but when we consider what were his dispensations in former times unto that Church we may now hope that he will bring the Church of Scotland out of the furnace as faire beautifull as ever if not more So that these who saw the foundation of the old temple laid An. 1638. c. Shall not have cause to weep when they see her foundations laid of new the Lord reviveing the stones out of the rubbish which are burnt If his people were humbled did not stand in the way of their own mercies who can tell what
the Lord would do how shoon he would appeare for his oppressed people interest declare that he hath chosen Ziou hath desired it for his habitation then clothe her priests with salvation cause her saints to shout aloud for joy The popish prelaticall malignant faction have been losers when they thought themselves gainers all their victoryes have proven hurtfull to their owne cause And who can tell but this day which they think they have gained and the victory whereof they think themselves so firmly and certanely possessed as that they shall never lose it againe may prove the most fatal day that ever they saw a victory tending to the everlasting ruine of their cause interest 11. Thou mayest see these Covenants against which in this degenerate age reproach cannot sufficiently be poured forth vindicated And the lands obliged Covenanted lands before the Lord what ever course hath been taken by higher powers to loose the obligation This Gordian Knot will not be gotten so easily loosed as some would imagine People may think to close their eyes then reason themselves out of the obligation ofa Covenant oath taken before the Lord so cast themselves at liberty But that will only wreeth the heavy yoke ofGods curse straiter about their neck It is no small matter of admiration to hear how basely many men do speak of these holy bonds sacred Covenants But let men who take pleasure in venting the venome that is within say what they will Scotland hath no cause to be ashamed of these Covenants It was a sweet day when the nationall Covenant which had been long buried in oblivion was raised out of the dust renewed And it may be Scotland shall have as sweet a day when both that Covenant the solemne league Covenant which now lyeth buried under a heep of the ashes of contempt reproach shall be raised up renewed with great acclamation of joy It is true this seemeth not to be very probable now but Scotlands covenanted God liveth his arme is not shortened There was not very great probability of renewing the nationall Covenant some few years before when the prelats were tyrannizing at pleasure no man durst so much as complaine of any injury they did It is easie with God to put Spirit courage in people make them stand upon their feet become an exceeding great army who were before but dry bones yea very dry bones howbeit now that league Cov. be looked upon as a device contrived purposely to overturne the throne Yet as it hath already proven so againe it may prove as sure a pillar for the throne as any as effectuall a meane to preserve the same from being overturned as any other But Christian reader by what thou will see in the following sheets thou Mayest easily perceive that it is both a sinfull dangerous thing to break Covenant a sin which heathens have scarred at And therefore remember thy Covenants and vowes made unto the most high let not the speaches nor carriage of others who think they cannot exceed in casting out the venome of their heart against these Covenants lessen thine estimation of them but rather increase the same And the more thou hear others cry down these Covenants as null keep thy self under their tye so much the more carefully Make conscience of studying these Covenants the duties unto which thou standest bound before the Lord by vertue thereof It is true thou art noâ—… now in a capacity to Act for the carrying on of the endâ—… of those Covenants as some time thou hast been yet keep thy Spirit still under the impression of their obligeing force when thou cannot by acting promove the ends of the Covenant thou mayest do it by constancie in patient suffering for adhereing to that cause Covenant See what thou art obliged unto by vertue of these Covenants let never these duties be forgotten but as the Lord offereth occasion let it appear that thou art under the impression of the oath of God thus shalâ—… thou have peace joy when shame shall cover the faces of all Covenant breakers 12. Thou mayest see how this yoke of prelacy wreethed in former times about the necks of the inhabitants of Scotland did prove so intolerably grievous that they were made to groan under it and how they became restlesse untill they shook it off And experience this day doth prove how necessaryly it is attended with grievous oppression soul affliction It hath been found is seen this day how prelats have trampled do trample upon the nobility gentâ—…ie burgesses of the Land The land formerly hath found to day doth finde what the weight of a Saint Andrew's crosse of the prelate's râ—…het is And that their little finger is heavier then the loyns of Ministers whatever grudge out-cry there was against the discipline of the Church It is true they proclame liberty give way to all vice iniquity are leaders into these wicked wayes themselves are paterns patrons unto the people whom they encourage by their evil example to follow them in their trade of wickednesse it is like this is the only thing which maketh that Goyernment desirable unto many who love not to be curbed in their licentious wicked courses but desire to have the bridle laid upon their necks liberty to follow the swinge of their own corruptions beastly lusts Yet it may be that many are ere now wearying of them Yea who knoweth but before this time many of the nobles others of the land who did earnestly pant after a change of Church Government wishing the day wherein prelats might be re-established in their power faithfull Ministers oppressed put to the door that so they might enjoy full free liberty to commit sin with greadinesse do beginne to be think themselves to be sensible of their folly when they see how Prelats trade upon their necks not careing what disrespect they put upon them or how basely they use them when they see that they have acted below themselves below men when they made shipwrack of their consciences sold their souls to promove their ambitious designes to help them to ascend unto the tope of their intended grandour no doubt many are thinking with themselves that they have run too fast when they see that all the thanks that they are like to have from those who excell in ingratitude is to be trode upon as mire of the streets It is a bad reward but the just righteous hand of God may be seen in it to inslave the persons bodies of such who have voluntarily iâ—…slaved their souls to set them on high O that the nobles gentry of the land would at length resent this indignity observe the hand of God punishing them with a whipe of their own making when they see how undervalueingly these
of the church by Prelats is overturned church Sessions are established the way of Election tryall of Ministers contrary to the Episcopall way is appoynted severall other things tending to the right governing of the church are determined is drawne up presented to the conncell May 20. 1560. Whereupon there is an act of councill to this effect We who have subscribed these presents having advised with the Articles therein specified as is above mentioned from the begining of this book thinke the same good conforme to Godâ—… word in all points conforme to the notes additions here to eeked promise to sett the samme forward to the uttermost of our Power providing that the Bishops Abbots Priors other Prelats Beneficed men who else have adjoyned them to us bruik the revenues of their benefices during their life times they sustaining upholding the Ministry and ministers as herein is specified for the preaching of the word and administrating of the Sacraments and this act is subscribed by twenty six Noblemen among the rest by Mr. Gordon who was Bishop of Galloway by the Dean of Murray Spottswood in his History is so convinced that this book was directly against the Prelats that he sayeth pag. 174. it was framed by Iohn Knox partly in imitation of the Reformed Churches of Germany partly of that which he had seen at Geneva nather of which Churches did favoure Prelats It is true the late Historian the Archprelate would make the world beleeve that the Superintendents which are spoken of in that Book of Discipline were nothing else but Bishops But his fondo mistake in this will appear to any who will but consider these particulars 1. What the thoughts were which this Archprelate had of this book which treateth of those Superintendents as 1. That it was framed by Iohn Knox famous Knox first nor last was never a friend to prelats or prelacy 2. he sayeth that it was done in imitation of reformed Churches such as Geneva and those of Germany these Churches knew no prelats 3. He sayeth it was no better nor a dreame so could never take effect but had it been an establishing of Prelacy it had been no dreame in his accompt and he would have said that it had taken effect 4. He willed wished that Iohn Knox had retained the old Policie so this book contained a policie distinct from the old policie a Policie which was not the same with Prelacy 2. What the thoughts were which such as were for the Reformed Religion had of it Now they looked on it as the Discipline of the ancient Church therefor after it was drawn up they did supplicate the Parliament for the restauration of the Discipline of the ancient Church for the discharging of the Popes usurpation of all that Discipline which did flow there from as being inconsistent with the Discipline of the ancient Church with the Discipline contained in that book But 3. It cannot enter into the heart of any rationall man to think that these Reformers were so inconsiderate asâ—… to sett up Prelats with the one hand when they were doing what lay in their power to pull them down with the other It was not popish Prelats alone which they were labouring to turn out of the Church of Christ for when some of those who had been popish Prelats before had relinquished Popery embraced the Reformed Religion and had subscribed unto the book of Discipline as Mr Gordoun in Galloway yet they would not suffer such to exerce the power of superintendents Mr Gordoun with all his moyen could not obtaine that power so that Spotiswood when he sayeth in his Latin Pamphlet called Refutatio libelli de Regimine Ecclesiae Scoticanae pag. 4. also in the Epistle Dedicatorie that the former Bishops who joyned with the Reformers keeped still their full power jurisdiction bewrayeth his impudence falshood His words in his Epistle are these Et prasulibus pristiâ—…s modo â—…idei orthodoxa non restitissent nec ademptâ—… dignitas nec imminuta fuisset jurisdictio quod ita liquet ut hoc vel inâ—…iciari sit nâ—…gare Solem in ipsa meridie lucere in the book he sayeth quotquot autem a puriore cultu non abâ—…orrebant â—…is jâ—… utendi fruendi Episcopatuum fructibus privilegiis omnibus jurisdictio etiam quam ante usurpabant quatâ—…nus Religionis incolumâ—…t as pateretur continuata This is the height of impudency thus to avow palpable untrueths that the faithfulness of this Historian may for ever after be suspected let it be observed that in his History which he wrote in English which every one might have more easily understood so discovered his falshood he durst say no more but that these Bishops enjoyed the rents of their benefices See pag. 175. Moreover 4. The book of Discipline it self giveth the clear ground of their appointing of these Superintendents in these words We consider that if the Ministers whom God hath â—…ndued with his singular graces among us should be appointed to severall places there to make their continuall residence that then the greatest part of the Realm should be destitute of all doctrine which should not onely be the occasion of great murmure but also be dangerous to the salvation of many and therefor we have thought it expedient at this time by this means the simple and ignorant who perchance have never heard of Iesus truelie preached shall com to some knowledge and many that are dead in superstition and ignorance shall attaine to some feeling of godliness by the which they shall be provoked to seek farther knowledge of God and his true Religion and worship and therefor we desire nothing more earnestly then that Christ Iesus be once universally preached throughout the Realm c. From whence it appeareth that these Superintendents were onely chosen for that present exigent when there were so few learned able Ministers so many places of the countrey destitute of Ministers so that the harvest was great the labourers very few Superstition popery was remaining in many places of the countrey people were in hazard to continow therin having either no Minister to clear the trueth to them or such onely who were ready to harden them in their superstitious courses therefor there was a necessity at that time while the Church was but in siâ—…ri that some of the most able of the Ministry should be appointed to travell through such such places of the countrey to preach the Gospel to see to the planting of faithfull able Ministers according to the rules sett down in the book of Discipline But 5. so cautious were the Reformers that they would not acknowledge those to be Bishops either in name or thing for as their worke was extraordinary so they gave them an extraordinary name They would not suffer any who had been Bishops before in time of popery to
professeth repentance with such solemne obtestations as affected the whole Assembly Upon this the sentence is delayed the presbitery of Glasgow is appointed to advertise the provinciall Synod of Lothian who were ordained to excommunicate him in case he relapsed And as they feared so he returned to his vomit with violence intended to enter the pulpit when the presbitery according to the appointment of the Generall Assembly were beginning a processe against him the Laird of Minto provost of the Town presented a warrant from his Maj. to stay the processe when they were going on he pulleth forth Mr. Iohn Howeson minister at Cambuslang Moderator imprisoned him in the Tolbooth But for all this Mr. Montgomery is excommunicated by Mr. Iohn Davidson the same was intimated in all the Churches The council declareth the sentence null against this the Ministers of Edenburgh give open testimonies in their preaching for this cause they are commanded to remove out of the Town within the space of twenty fowre houres At this time there was an Assembly sitting at Edenburgh who send some of their number with a supplication to his Majesty wherein they shew That indeed he was the Head of the Commonwealth but onely a member of the Church as a châ—…f member he should have the chief care thereof but now it was not so thâ—…r decrees are resâ—…inded they are forced by his servants Ministers are drawâ—…e out of pulpits that he was playing the pope usurping both the swords and when they come present it unto the Council the Earle of Arran cryeth out if there were any that durst subscribe the same where upon Mr. Andro Melvin answereth we dare taking a penne out of the clerks hand sayeth to his brethren who were commissionated with him comeforward so he they did subscribe the same This storme is not yet blowne over for the next year 1583. Mr. Andro Melvin is summoned before the Council for saying in his preaching That ministers should presente to princes the example of their predecessours as Daniel did the exemple of Nebuchadnâ—…zar to Belteshar But now if any should hold forth what evill King James the third got by a company of flatterers it would be presently said that he had gone from his text must be accused of treasone But when he compeareth he declineth their judgement affâ—…ming that what was spoken in pulpit ought first to be tried by the presbytery that they could not in primâ instantià medle therewith But they proceed though they could get nothing proven for his declining he is commanded to the Castle of Edenburgh then to Blackness but being advertised of his danger by his friends he retireth unto Berwick Annâ—… 1584. the storme groweth to a height for in May there is a parliament suddainly conveened which dischargeth all Church judicatories giveth the King power over all causes civil and ecclesiastick dischargeth all declining of the King his Council in any mater civil or ecclesiastick under the paine of treason also all Ministers to meddle in sermons with the affairs of his Highness his Estate see act 129 130 131 134. of the 8. parl of King James sixt when Mr David Lindsay Minister at Leith was sent by his brâ—…thren to intreatâ—…the King to paâ—…e no act in prejudice of the Church he is committed to Blackness there detained prisoner 47. weeks And Mrs Andro Polwart Patrick Galloway Iames Carmichel are denounced rebels are forced to flee into England So are the Ministers of Edinburgh forced to retire leaving an Apology behinde them But for all this when the acts of this Parliament were publishing Mr Robert Pont protested taking Instruments that the Church should not be obliged to yeeld obedience thereunto being denounced rebell he fleth into England Now is Mr Montgomery established Bishop of Glasgow one Mr Adamson as naughty vicious as any is setled in St Andrews no sooner get they up their head but as soon they execute their tyranny rage against the rest of the Ministry compelling them to promise obedience to them as their ordinaries under the paine of banishment confinement imprisonement deposition sequestration of their stipends Whereupon many in this day of trial did faint subscribe thinking it a sufficient salvo to adde according to the Word of God but afterward mourned for it Now none durst pray for the Ministers who had fled under the paine of treason so dark a day was this But neer the end of the next year there is a change as Court the Ministers returne a Parliament is called at Lithgow but nothing is done in favours oâ—… the Church At length 1586. the King was desirous to have some setling in the Church appointeth a Conference in February at Halyâ—…od house where some articles were drawne up referred to the General Assembly As 1. That the Bishop should have a care of one flock 2. That some Ministers should be added to him without whose counsell he should do nothing 3. His doctrine should be examined by the meeting 4. His power should be of Order not of Jurisdiction 5. Beside his own Church he might have the inspection of moe when the Assembly meeteth in May they could not assent to all these articles yet at length seeing they could not have all which they desired they accorde to this that both Bishops and Commissioners should be subject to the triall of the Generall Assembly that where they did reside they should moderate provinciall Synods Presbyteries in the meane time the order of the Presbyteries was sett down they proceed to examine the processe of Mr Adamson who had declined the provincial Synod of St Andrews he submitteth And the next year Anno 1587. Mr Montgomery resigned his place so was absolved from the sentence of Excommunication by the Assembly When the Parliament doth conveen this year Anno 1587. there are some Prelats who would sit there in name of the Church but when the Church perceived this Mrs David Lindsay Robert Pont were sent to desire that they might be removed as having no authority from the Church the most of them no function in it at all The prelats finding themselves now in a staggering condition thought it was their best to ingratiate themselves in his Majesties favour thereby secure themselves in their places therefore condiscended unto the Act of Annexation of all the Temporalites of benefices unto the Crown which was a dilapidating of the Church rents It is true Spotiswood putteth another face upon this busines in his History but the man could change with the times speake another thing in his English History then he durst speak in his Latine refutation for there he sayeth In summâ Ecclesiasticorum persidià proximis Comitâ—…is Anno 1587. transacta decreto ordinum actibus intervenientibus insinuata Nam Episcopi durissima quaeque à fratrâ—…bus
flee About this time in other pairts of the Kingdome the ministers honest people who were urged could not give obedience resolved to follow a more regular way and to supplicat the Councell to give in a note of the errours contained in these books which accordingly they did so from severall pairts of the Kingdome there came Ministers professours with supplications sheweing how erroâ—…ons both the liturgy the other books were how dangerous a thing it was to bring in Innovations in a Church how the Reformed Churches of Austria were undone by the violent obtiusion of a liturgy how in the time of Charles the Great the Church was miserably rent some adhering to the Ambrosian Liâ—…gy others choosing the Romane of Oregorian Liturgy how dangerous it was to change the Worship bring in a worse how the King foure years before at his Coronation did solemly swear that he would alter nothing in the Kingdome of Scotland without the free consent advice of those having Interest Unto these Supplications the Councill at first gave a favourable answere told that it was not their minde to presse the publick use of these books that they had forbidden the Bishops to presse the use of these books any more that they had signified their minde to his Maj were expecting a returne The petitioners likewise sent their supplications to his Maj. with the Duke of Lennox who was then returning to London withall did wreastle with God by prayer faâ—…ing that he would incline the Kings heart to hearken unto their just desires would frustrate the endeavours of their adversaries But when the expresse cometh from his Maj. all the answere they get is an Edict published Octobr 18. commanding them to go out of the towne of Edenburgh within few hours under the paine of Rebellion When the Petitioners see this the next day they resolve to act all together joyntly that his Maj. might know it was not a few Puritanes as the impure Prelats were pleased to nickname them but a great mulitude of his Maj. most loyall subjects of all ranks who were dissatisfied And they draw up a complaint against the prelats desire liberty of the Councell to pursue them legally as being the onely authors of the Book of Canons liturgy which containe the seeds of Superstition Idolatry as being guilty of many other crimes that under the highest perrill And withall they shew the Councell that they could not leave the towne untill they saw some course taken for delivering the land from the present imminent dangers When the Councell saw that the number of the Petitioners was great dayly increasing fearing the worst they desired the petitoners would choose some of their number as their Commissioners to prosecute their business that the multitude might depairt this was yeelded unto But ere long the Councell is discharged by an Expresse from his Maj. to meddle any more in that matter Whereupon the Supplicants are necessitated to draw up a Protestation declaring that if any tumult arose through their prosecution of the Cause the Councell onely might be blamed as refusing justice When the Counsell heareth of this they resolve to hear the desire of the Commissioners advise the Bishops to withdraw themselves When the Commissioners compeer they show their Intention was to prosecute their business against the Prelats whom they would prove guilty of grievous crimes under the highest perrill therefore desired the prelats might be excluded it not being fit that parties should be judges The Councell because of the forementioned Expresse might do nothing Onely they write to his Maj. who thereafter sendeth for the Earle of Traquair but he for fear of the Prelats did misrepresent the Cause of the Supplicants returned with a Proclamation from his Maj. which he caused publish at Sterlin where the Councell was sitting in Febr. 1638 In which Proclamation the King owned the books which the petitioners did supplicat against and condemned the meetings of the Supplicants as conspiracies contrary to the lawes of the Land Against this the petitioners prepared a Protestation a copy wherof was affixed at the Crosse of Sterlin herein protested against these Books as full of errours as Innovations against their refusing to receive libells against the Prelats against the High Commission Court obtruded on Scotland contrary to the fundamentall lawes of the land without any Municipall law That prelate should not be judges in their own cause And that all their own meetings were lawfull And that they could not forbear with a good conscience unlesse they should wrong the Glory of God the honour of his Maj. the liberties of kirk Kingdome And because they were commanded to depart forth of the town of Sterlin they go together towards Edenburg there after serious thoughts they finde the maine procureing cause of all these calamities to be the violation of the Nationall Covenant therefore unanimously they resolve to renew that Covenant accordingly they draw it up with some explicatory additions confirmations out of the acts of Parliament binde themselves to adhere unto defend the true Religion forbearâ—…g the practise of all novations already introduced in the matters of the worship of God or approbation of the corruptions of the publick government of the Kirke or civill places power of Kirkmen till they be tried allowed in free Assemblies in Parliaments to labour by all meanes lawfull to to recover the purity liberty of the Gospell as it was established professed before the foresaid Innovations promise swear to continoâ—… in the profession and obedience of the foresaid Religon â—…resist all contrarie errours and corruptions ând that they had no intention to attempt any thing that might turne to the dishonour of God or to the diminution of the Kings greatness and authority and to defend themselves mutually in the same cause c. When the Covenant is thus drawn up it was subscribed by all present copies thereof were sent to such as were absent being read in the Churches was heartily embraced sworne subscribed with tears great joy Great was this day of the Lords power for much willingness chearfulness was among the people so as in a short time few in all the land did refuse except some Papists some aspiring Courteours who had no will to displease the King some who were addicted unto the English rites Ceremonies some few Ministers who had sworne the oath at their entry which was mentioned Anno 1612. Yea such willingness was among the nobles others that they had their own copies of the Covenant subscribed by others of the Nobles Barons ministry laid up in their Charter chists where possibly many of them are at this day When matters are at this passe the Prelats do animate his Maj. to a war and the Covenanters desireing his Maj. might be rightly
informed wrote unto the Duke of Lennox marquis of Hamilton the Earle of Morton to know if his Maj. would accept of a supplication sent one unto them to be presented by them but the king would not look upon it at length he is moved to send the marquis of Hamilton down toward Scotland to labour by all means to setle peace But in the mean time there is a ship sent from London with Amunition unto the Castle of Edenburgh which because not usuall was taken notic of the Covenanters fearing the worst resolved to watch the Castle that none of it should be taken in When Hamilton cometh down the Covenanters petition for a free Generall Assembly a lawfull Parliament He replyeth that he was not able to grant either unlesse they would render back their subscribed Covenant but this they could not do without open perjury So that he resolveth to returne but first July 4 he published a Declaration against which contrary to their resolution for they were made to beleeve it was some other thing then indeed it was they drew up a Protestation hearing that the Councell had approved of the said proclamation they prepare a supplication but the Councell did not suffer the Act to be recorded but did tear it in Pieces thereafter Hamilton the most part of the Councell declared solemnely that the act of the Councell was no approbation of the same but a warrant to the Clerk to cause publish it When the Marquis of Hamilton was going back to London againe he promiseth to procure a warrant from his Maj. for a Generall assembly before the 22 of Septr otherways they should have free liberty to appoint one themselves And when according to his promise he returneth againe he bringeth a proclamation with him tacitely condemning all the proceedings of the Covenanters marring the freedome of an Assembly and therefore the Covenanters were constrained to make use of a Protestation against it Sept 22. On the same day also did the Councell publish his Maj. Indictment of an Assembly to be holden at Glasgow Nov. 21. of a Parliament to be holden at Edenburgh the 15 of May thereafter Anno 1639. As also a new engine is used for disappointing the Covenanters in their explicatory addition viz. The Councell at the Kings command subscribe the Nationall Covenant the bond for his Maj. preservation appoint Commissioners to see it done through the Kingdome but withall there is a clause added viz. We subscribe the Confession of faith of according to the date tenour Anno 1580. 1590. as it was then professed within this Kingdome supposing but by a grosse mistake that at that time Prelacy Ceremonies were then professed But the Prelats fearing this would not abide the triall desired the Councell to signe a writing obligeing themselves to defend Episcopacy Sâ—…o shew that Episcopacy is not abjured by the Covenant bâ—… 〈◊〉 deâ—…e was not granted At the day appointed the Assembly at Glasgow is opened up notwithstanding of some indirect meanes used by the Prelats to hinder it The Prelats being summoned compeer not but decline the Judicatory Within some dayes the Marquis of Hamilton being the Kings Commissioner offers to dissolve the Assembly chargeth them to depart so removeth himself but though this was very astonishing yet they did resolve to hold the Court of Christ in so doing 〈◊〉 obey God â—…ather then man then did take into consideration the grounds of the Declinature which may be seen atlength in printed papers in Mr Spangs Historia Motuâ—… c. Upon the 29 of Nov. his Maj. Commissioner published a Proclamation commanding their dissolution against which there is a Protestation drawn up answering what was allaidged in the Proclamation The assembly do proceed after some search finde that all these Meetings of ministers which had brought in these Innovations that had troubled the Church so much were no lawfull Generall Assemblies by sundry reasons confirmed by the Registers of the Assembly by the books of presbiteries by the Kings Maj. own letters by the testimony of diverse old Reverend ministers verifying the same iâ—… the face of the Assembly and so declared that these meetings at Lithgow 1606 1608 at Glasgow 1610 at Aberdeen 1616 at St Andrews 1617 at Perth 1608. were from the beginning unfree unlawfull null Assemblies The reasons are more fully to be seen in the printed Records of the Assembly Likewise they condemne the book of Commâ—…n prayer because deâ—…ysed brought in by the pretended Pâ—…ts without direction from the Church and pressâ—…d on Ministers without warrant from the Church because 〈◊〉 contained a Popish frame forme of divine service many Popish errours ceremonies the seeds of manifold grosse Superstition Idolatry so repugnant to the Doctrine Discipline order of the Church to the Confession of faith constitutions of Generall Assemblies acts of Parliament establishing the true Religion So do they condemne the book of Canons as devised by prelats without warrant direction from the Generall Assembly to establishâ—…â—…nicall power in their own persons over the worshipe of God mens consciences liberties goods to overthrow the whole Discipline governement of the Church by Geneâ—…ll provinciall Assemblies by preâ—…biteries Sessions 〈◊〉 contrary to the Confessâ—… of faith the established goâ—…nement the Book of Discipline the acts Constituâ—…ons of the Church So they condemne the Book of Consc â—…tion Ordination as being inâ—…ced without waâ—… civill or Ecclesiastick establiâ—…hing offâ—…es in Godâ—… house without warrant of hiâ—… word as 〈◊〉 to the Discipline Constitutions of the Church as impeding the entry of fit â—…orthy men to the ministry the discharge of their duety â—…er their entry They condemne the High Commâ—… as â—…cted without the conseur of Church or State as subverting the ordinary Church Iudicatories as arbitraâ—…y not regulated â—…y lawes civil or Ecclesiastick as giving to Church men the power of both swords to persons meerly civill the power of the Keyes so as unlawfull in it self prejudiciall to the â—…ties of Christs Church Kingdome the Kings honour in â—…taining the established lawes Iudicatoâ—…ies of the Church â—…o do they shew declare that the five Articles or ceremoniesâ—…cluded â—…cluded at Perth of which mention was made before were â—…jured by the Nat. Covenant as may be seen at length in their 17. Act. As also they declare act 16. That Episcopacy â—…s abjured by the Confession of faith or Nationall Covenant Anno 1580. which shall be more fully cleared afterward So â—…ving examined discussed the severall processes given in aâ—…inst the pretended prelats They depose Excommunicaâ—… Mrs Spotâ—…swood of St Andrews Lindsay of Glasgow â—…dsay oâ—… â—…enburgh Sidserfe of Galloway Maxwell of Rosse 〈◊〉 of Brichen for breach of the Cautions aggreed on in the Assembly 1600. for receiving Consecration to
approved there the same may be with publick humiliation all Religious answerable solemnity sworne subscribed by all true professors of the Reformed Religion all his Maj. good subjects in both Kingdoms Thereafter on the same day it was approvedby the Convention of estates then sent unto the kingdome of England where after mature deliberation it was approved by the learned assembly of Divines by Both Howses of Parliament by them in their solemne assemblies after sermon solemnely sworne subscribed by Ordinance of Parliament sworne suhscribed in all the parishes of the Kingdome a copy thereof appointed to be affixed in every parish Church also a faire Copy thereof with all the names of the members of Parliament who subscribed the same is ordained to be affixed at the end of the great Hall of Westminster When thus it was sworne subscribed in England The Commissioners of the Gen. Assembly Octob. 11. 1643. ordained the same to be with publick Humiliation all Religious solemnities received sworne subscribed by all ministers professours within the Kirk for this effect it is ordained That the League Covenant be forthwith printed that the printed copies bound with some clean sheets of paper be sent unto the ministry that every minister upon the first Lords day after the same shall come to his hands read explaine it by Exhortation prepare the people to the swearing subscribing thereof solemnely the Lords day next immediately following ordaine that presbiteries proceed with the censures of the church against all such as shall refuse or shift to swear subscribe the same And the Commissioners thinke it very convenient for good example the better encouragement of others that it be solemnely sworne subscribed by themselves now present before the Congregation in the East kirk upon friday next the 13 of this instant after sermon exhortation to be made by Mr Robert Douglas Moderator that the Commissioners of the Convention of estates now in towne the Commissioners from the Parliament of England Divines of that kingdome here present be earnestly desired to joyne with them in this solemne Religion action Upon the 12 of Octob. the Commissioners of the convention of Estates did also ordaine the same to be sworne subscribed under the paine of being punished as enemies to Religion his Maj. honour peace of the kingdoms to have their goods â—…ents confiscate c. also ordaine all Sheriffs Stuarts others his Maj. magistrates in Brugh land Committies in the severall shires to be assisting to ministers and presbiteries in procuriing reall obedience hereunto Which deed of the Commission of the Church was ratified approved by the Gen. assembly Jun. 28. 1645. So is the deed of the convention of estates their commissioners approved ratified by act of Parl. July 15. 1644. where the League Covenant is insert in the Registers Thus the kingdoms of Scotland England after other meanes of Supplication remonstrance Protestation and sufferings to the end they might preserve themselves and their Religion from utter ruine and destruction according to the commendable practises of these Kingdomes in former times and the example of Gods people in other Nations after mature deliberation resolved and determined to enter into a mutuall and solemne League and Covenant wherein all did subscribe and with hands lifted up to the most High God did swear as they should answer at that great day to God the searcher of all hearts That sincerly really and constantly they should endevour in their severall places and callings 1. To preserve the Reformed Religion in the Church of Scotland in Doctrine worship Discipline and Governement and to Reforme England and Ireland according to the word of God and the example of the best Reformed Churches and to bring the three kingdoms to the nearest conjunction and uniformity in Religion Confession of Faith forme of Church governement Directory for worship and Catechising 2. To endevour the extirpation of popery Prelacy Superstition Heresy Schisme Prophaness and whatsoever shall be found contrary to sound doctrine and the power of godliness 3. To preserve the Rights and privileges of the Parliaments liberties of the Kingdomes and the Kings Maj. person and authority in the preservation and defence of the true Religion and liberties of the Kingdomes 4. To discover all such as have been or shall be incendiaries Malignants or evill Instruments hindering the Resermation of Religion dividing the king from his people and the kingdomes one from another or making any fâ—…on or parties among the people contrary to this League and Covenant that they may be brought to triall and condigne punishment 5. To endevour that these kingdomes may remaine conjoyned in a firme place union to all posterity 6. To assist such as enter into this Covenant and not to suffer themselves any maner of way to be divided or to make defection or to give themselves to a detestable indifferency and neutrality in this cause but shall continue â—…in against all opposition and promote the same according to their power against all sets and impedimentes whatsoever When these hands did thus enter in Covenant with the great God of heaven earth many of soul was converted which was as the finite of this noble Marriage when they saw the wonderfull works of the Lords right hand whereby he openly â—…nyably owned that Covenant such as entred into 〈◊〉 Then did these Churches flourish begin to have a beautifull countenance to be admired abroad by strangers who stood astonished at the report of what they did hear dayly of the Lords owneing fighting for that Covenant seconding the Covenanters in carrying on the Ends of the same But at length after the Lord had by many signes wonders testified his displeasure against broken the whole strength force of the Popish Prelaticall Malignant faction wrought deliverances in all the three kingdoms for the people that engadged in Covenant with him It seemed good in his eyes who doth all things according to the counsell of his own will to suffer another enemy to arise to trouble his Church to try his people viz. the Sectarian party who grew to such an hieght in the English Army that they over-ruled the Parliament of England putting away the House of Peers they modelled the House of Commons as they thought good erected a New Court which they called an High Court of Iustice before which they did Impannel the King at length did violently take away his life Januar. 30. 1649. against which deed the Commissioners both from the Church State of Scotland did protest were therefore hardly used at London When the report of this cometh to the eares of the Parliament of Scotland which was then sitting They upon the 5. of Febr. 1649. considering that for as much as the kings Maj. who lately reigned
to make way for repaireing of the ruines building up the breaches thereof for establishing the same on right sure foundations in your Maj. person family and to do those things when they were so litle expected in so quyet peaceable a way and without the effusion of Christian blood imbroyling the Kingdomes in the misery calamities of a new war And as we adore the wonderfull wise hand of God blesse his name who hath done these things so it is not only our practice for the present but our sincere resolution for the time to come to pouâ—… forth the fervent desires supplicatioâ—… of our soull unto the most high by whom kings reigne for the preservation saiftie of your Maj. person for the multiplication of his spirit increase of it upon you that you may imploy your power to his praise the comfort of his people for the Establishing of your just power greatnesse in subordination to him to be faithfull loyall rendering all the dutyes of honour subjection obedience to your Maj. that are due from humble loving subjects unto their native lawfull prince soveraigne And we desire to be perswaded with confidence to promise to ourselves that your Maj. will accept of those our professions as proceeding from loyall honest hearts allow us the protection countenance incouragement in our station callings that may be expected from a gracious king And considering the great happinesse that ariseth both to kirk and state all the members thereof by the mutuall good understanding betuixt the supreme Magistrat the faithfull of the land when it pleaseth divine providence so to dispose the many calamities miseries that in the holy justice just indignation of God do attend the separating or violating of these only sure foundations of states and 〈◊〉 kingdomes We are bold in the integrity of our hearts in the zeal of the glory of the Lord of the good of his church of your Maj. honour happinesse from the sense of manifold great obligations that be upon us before the Lord so to do particularly that of the Covenant That what lets we are not able of our selves to suppresse and overcome we shall reveal and make known that they may be prevented remedied Humbly to presente unto your Maj. and make known the great danger that threateneth religion and the work of reformation in the churches of God in these kingdomes from the desires and endeavour of the remanent of the popish prelaticall and malignant party therein which is begining to lift up the head not only to render hatefull but to bear downe many of your Maj. good subjects who have been imployed as instruments in the work have keeped within the bounds of their duty in promoveing preserving the same so far as humane frailty would permit but also to overthrow that blessed work it self and to reintroduce prelacy the ceremonies the service book and all these corruptions which were formerly cast out as inconsistent with that pure and spotelesse rule of church governement discipline and divine worshipe delivered to us in the word of God as a yoke of bondage that neither we nor our fathers were able to bear and though we know that that Spirit will not want its specious pretences plausible insinuations for compassing these ends yet as there cannot readily be greater disservice to the church of God to these Kingdoms to your Maj. honour happinesse then actings of that nature so we cannot without horrour of Spirit astonishment of heart think upon what dreadfull guiltinesse King Princes Ministers People shall be involved into what fearfull wrath shall attend them from the face of an angry jealous God if after all the light that he hath made to shine in these kingdomes from his blessed word for discovery of the error Impiety of these things after his hand hath been lifted up so high for casting out of the same after solemne vowes engadgments taken upon themselves before God angels men against them if they should againe lick up the vomit thereof God forbid that we should either hear or see such heart astonishing bitter things which would turne the mirth of the Lords people into mourning their songs into most sad lamentations Neither are we lesse apprehensive of the endeavours of the spirit of errour that possesseth Sectaries in these Nations which as it did at first promove a vast tolleration in things religious and afterwards did proceed to the frameing of mischief into a law so we doubt not but it will still be active unto the promoving procuring of the same under the specious pretext of liberty to tender consciences the effects whereof have in a few years past been so dreadfull that we cannot think of the continuing thereof but with much trembling fear Therefore knowing that to Kings Princes Rulers Magistrats appertaineth the purgation preservation of religion that nothing can contribute more unto the preserving and promoveing of religion the work of reformation then that all places of power trust be filled with men of a blamelesse christian conversation approven integrity known affection to the cause of God We your Maj. most humble supplicants subjects with bowed knees bended affections humbly supplicat your Maj. that you would imploy your royall power unto the preservation of the reformed religion in the church of Scotland in doctrine worship discipline governement for the reformation of Religion in the Kingdome of England Irland in doctrine worshipe discipline goverment and to the carrying on of the work of uniformity of religion in the church of God in the three Kingdomes in one confession of faith forme of church goverment directory of worshipe catechisâ—…ing and to the extirpation of popery prelacy superstition heresy schisme prophanesse whatsoever is contrary to sound doctrine the power of Godlinesse And that all places of trust under your Majest may be filled with such as have taken the Covenant are of approven integrity known affection to the cause of God If in a matter that so much concerneth the honour of God the good of his Church your Maj. honour happinesse we be jealous with a godly jealousy we know your Maj. wisdom lenity to be such as will easily pardon And the sense of our duty to God to your Maj. the fear of those kingdoms transgressions by building up againe the things that were destroyed constraineth us to be petitioners against the same earnestly to intreat that any beginnings of stumbling which already have been given in those things especially in the matter of Prelacy ceremonies the Servicebook in your Majesty chappell and family and other places of your Dominions may be removed and taken away And that there may be no
Edinburgh who were to communicat it unto the rest of Presbyteries of the Kingdom a gracious letter as it was called wherin he promised to owne to countenance the government of the Church as it was established by law wherby many took him to meane Presbyterian government But others feared a designe to overturne Presbyterian government to introduce Prelacy as afterward it came to passe when the Parliament did rescinde all acts statutes made in favours of Presbyterian government did devolve the power of setling the government of the Church upon his Maj. they did by their Act. 16. allow the present administration by Sessions Presbyteries Synods for a time But at length Mr IamesSharpe a man who had formerly been intrusted by severall of the Ministry confided in as one who would prove most faithfull unto the Presbyterian interest but now had betrayed his most intimat brethren laid down a course for overturning his mother Church therby declared that he was a most unnaturall childe of that Church other three Ministers with him went up to London wâ—… first being made ordained Deacons after that Presbyters they are consecrated Bishops upon the day of 1661. with all there is a proclamation from his Maj. of the date at Whitehall the 6 of September Anno 1661. declareing His Royall pleasure to be for restoreing of the government the Church by Archbishops Bishops as it was exercised in the year 1637. that he had nominated presented persones to the severall Bishopricks of the Kingdome of Scotland of whom some have been lately consecrated invested with the same dignities Church power authority which was formely competent to the Archbishops and Bishops in the Reignes of his Royall grand Father and Father of blessed memory and that the allowance of Presbyteriall government is now of itself void and expired as being only for a time c. And so the jurisdiction and exercise of Church government should be ordered in there spective Synods Presbyteries and Sessions by the appointment authority of the Archbishops and Bishops according to their privilege practice In obedience to which proclamation The Privy Councell Ian. 9. 1662. did make publick intimation thereof discharge all ecclesiasticall meetings in Synods presbyteries sessions untill they be authorized ordered by the Archbishops Bishops upon their entry unto the government of their respective seas which is to be done speedily Wherupon at the time of the meeting of the provinciall Synods noblemen others were sent to raise them by force But therafter when these foure returne from London consecrat the rest there were acts made in the second session of Parliament viz. Anno 1662. redintegrating them to the exercise of their episcopall function to all their privileges dignities jurisdictions possessions due formerly belonging thereunto as also there is an act ordaincing all ministers to repaire unto the diocesian assembly concur in all the acts of Church discipline as they should be therunto required by the Archbishops or Bishop of the diocese under the paine of being suspended from their office benifice till the next diocesian meeting for the first fault if they amended not to be deprived the Church to be declared vacand But notwithstanding of this act all such ministers as resolved to keep a good conscience did forbear to goe unto these meetings or unto the other meetings which they call exercises in which meetings the prelate such as he named did not only preside but ruled as they pleased Not only because the privileges of the judicatories were encroached upon wronged by the Prelate presideing at his own hand without the consent of the rest contrary to the constant practice of that Church because a constituent member of these judicatures viz the ruleing elder was excluded contrare to the principles of presbyterian government the practice of that Church from the begining the practice of all other reformed churches of the primitive Church contrary to the judgment of many eminent divines both there and abroad who have clearly made it to appear out of the scriptures that Christ hath instituted such officers and these should have more weight then those three mentioned by the author of the Seasonable case pag. 11. as of another judgment But also because these meetings now differ from the meetings judicatories which the Church had before not only in name they being now called doâ—…sian meetings not Synods Presbiteries but also in thing The former judicatories are razed overturned these new meetings are erected upon a new Basis the Kings power perogative to setle what forme of Church government he thinketh best they are now authorized ordered by the prelates so they are pieces partes of the prelaticall government therefore they are distinct from what they were before So that no minister that made conscience of his covenant vow for presbyterian goverment against prelaticall could with peace freedome keep or countenance these meetings It is replyed by the prelates procurator the new casuist in his pamphlet called the seasonable case etc. pag. 12. That the meetings now before are of the same constitution nothing altered nor any more holding of Bishops now when the Kings Maj. hath taken off the restraint which for a time he putt on then if he had not at all restrained them But this is no satisfactory answere his meet deny all will not availe much with indifferent men of understanding for the difference is clear because 1. formerly Church judicatories had power within themselves to nominat appoynt their own moderator now it is not so 2. Formerly Church judicatories Church power did flow from the Lord Iesus Christ immediatly as being the only head of his Church now they flow from another fountaine viz the King as the fountaine of all Church power therefore is the goverment called his majesties governement ecclesiasticall in the Act of councell Iuly 10. 1663. the prelats in the discharge of their office are said to do service to his Maj. in the Church in the act of councell Ian. 9. 1662. 3. Formerly Church judicatories did meddle with every scandal now they must meddle with no more then the prelat pleaseth 4. Formerly presbyters had power to voyce to determine by their decisive suffrage now they are but the prelates counsellours of whose counsell advice he maketh what use he thinketh fitt 5. Formerly there was none in those judicatories who had a negative voyce now the Bishop hath it the rest are but cyphres 6. Formerly in these judicatories ther were ruleing elders but now that constituent member is not admitted which particular alone will sufficiently evidence that the face frame of the judicature is altered And since it is so any man of understanding may easily perceive such a difference as maketh those meetings now to depend upon
alone nor all of them together are the full and compleat ground but this That it is a meeting called together by the civill Magistrat assumeing to himself power to cast downe the established government of the Church the primitive governement to settle what kinde of government he thinketh fit as best complying with his own his subjects humors who accordingly hath razed to the fundation presbyterian government unto which both he all the lands were sworne and is setting up prelatical government against which he all the lands have sworne of which these three particulars mentioned are so many evidences And that they are so cannot be denyed for 1. Whatever truth be in this assertion That ecclesiasticke judicatories have a divine warrand for chooseing their own moderator This is clear undenyable that while presbyteriall governement was in its integrity vigour the assemblies of the Church nationall provinciall presbyteriall had this privilege to elect their own moderator when ever prelats began to rise get entrance in that Church this incroachment among other shee did suffer at their hands for they knew that Invasio perpetuae dictaturae would be via ad Imperium Constant moderators would usher the way for domineering prelats as was showne Sect. 1. And therefore this is a clear evidence of the change of the government from presbyteriall to prelaticall furder though that which Zepperus sayeth viz Presides ecclesiastici c. that is the moderators or presidents of the ancient councells were some time named by the emperour be true yet it will be a mere non sequitur to conclude thence as this author doth viz That it is lawfull for the Christian Magistrat upon whom the externall ordering of all the judicatories in his dominions depends to nominat out of a meeting of ministers conveened by him one of the number to order the actions of the meeting and by his authority to controle the unruly not only as being a concludeing of a generall from a particular but as being a putting into the conclusion what is not in the premisses a mixing of heterogeneous things together What he meaneth by this externall ordering of judicatories who can tell unlesse it be all that power which ordinarily is exerced by a moderator will he say that the Magistrat ought to choose all the moderators Hath the supreme Magistrat any more interest in those meetings or hath he so much as he hath in civill meetings doth he appoynt all the mouthes of these meetings But have not Church judicatories within themselves power for their own externall ordering who then ordered the Synod at Ierusalem Act. 15. To say the Magistrat was not then Christian therefore it did not belong unto him is enough to prove that it doth not belong to him as a Magistrat But there is enough said to this here which is but barely asserted by him without proof And. 2. As to the next what ever be asserted concerning that which Mr Baxter Mr Vines as he reporteth of them say viz. That for peace presbyters may suspend the exercise of there just authority and resolve to give to one person of their number a negative voice though many moe divines with greater reason think that seing God hath given them no power whereof they may denude themselves when they think fit suspend the exercise of at the node of any other It cannot be lawfull for them to give that negative voice unto any yet this is undenyable that there never was any such thing claimed by nor granted to any all the time that that Church enjoyed presbyterian government it is as undenyable that so soon as prelates gote up unto their chaires they challenged that negative voice to themselves as their due took it whether presbyters would or not so have the prelats done to day therefore this concession of these eminent men were it never so true as it is denyed by many is nothing to the poynt for by this one particular it is as clear as the noonday that the government is altered from presbyterian to Episcopal therefore though it be true that the personall fault of another cannot be a good ground for brethrens withdrawing from their duty yet when by their concurrence to consult alone when by God's law they have equall authority with any that sitteth there they shall consent unto that change of government it becometh sin not duty for now all presbyterian government is overturned they see prelats set up as before so that if they concurre they cannot avoide sin To say as he doth a little before pag. 8. that it might be permitted to them if they intrested for it to ease their consciences by signifying their scruples so be they would do it with that inossensive modesty humility and respect unto the supreme authority to the lawes of the land is to please the simple that beleeve every thing with a faire word for it behoved to be done with such in-offensive modesty humility as no body should either hear or know of it otherwise they might be sure it would be accounted disrespect unto the supreme authority to the lawes of the land they might expect presently to be attached processed Lastly as to the 3 particular whether the opinion of Mr Vines Mr Baxter Blondell if he speak truth in denying the divine right of ruleing elders be assented unto or rather the contrary opinion which is owned by so many Churches professours particularly by the Church of Scotland from the begining yet this is clear that that Church had still such officers so long as she was governed Communi consilio presbyteroruns by presbyteries no sooner did prelats usurpe the place but they shouldered these officers to the door and therefore this is another palpable evidence that the nature of these meetings is changed from presbyterian to Episcopall so that to concurre by meeting with the prelats at their dioecesian meetings must be an approving of prelacy this cannot be done without perjurie But he objecteth pag. 12. Thus Our worthy ancestours choosed rather to câ—…curie with such meetings then to desert them Ans The case then now differeth farr for then these judicatories were standing when the prelats were brought in upon them Ministers were then bound to keep possession of their rights so long as they could by meeting in the judicatories there being no restraint laid upon them by law from speaking their minde freely protesting as they saw occasion as is now when such actings are declared treasonable seditious they were in a capacity to do something for vindicating of Church privileges at least for exonering their owne consciences Yea for curbing in a great part the prelats power Whence it was that neither the Prelats nor the Estate did ever command Ministers to attend those meetings but rather wished with all their heart that they had forborne to come but
now presbyterian government is quite overturned all presbyterian assemblies are discharged under the highest paine after prelats are advanced never till then there cometh forth a new order for new meetings upon new principles meetings otherwise constituted then formerly in a word such meetings as did but serve to approve of confirme prelats in their place power therefore all were commanded by the Estate to concur with the prelats in their meetings under a penalty So that it is but a meer falshood to say that the meetings then now are of the same constitution nothing altered for then they were hedges standing in the prelats way though much weakened by reason of the civill power opposeing but now they are props to support strengthen the hands of the prelats as being wholly ruled guided by them By what is said it is hoped that tender Christians will see that there was no small ground of scrupleing at these meeting that they will be loth rashly to condemne such as feared to transgresse in the least resolved rather to suffer then to sin seing it is now beyond controversie that their concurring in those meetings had been upon the matter a consenting unto an approving of prelaticall government upon which account alone the faithfull servants of Christ did refuise to concurre SECTION IX The reasons why Ministers refuised to seek presentations collations cleared defended THus the Lord was pleased to keep his servants out of this snare which the prelats had caused plet for their consciences but there are others stronger following The Parl. in their second session An. 1662 made an act ordaineing all Ministers who had entered to the cure of any parish within brugh or land in or since the year of God 1649. to have no right unto nor uplist the rents of their respective benefices modified stipends manse or gleib for this instant year 1662. nor for any year following unlesse they should obtaine a presentation from the lawful patroâ—… and have collation from the Bishop of the dioecy where he liveth before the 20 of Sepr next for understanding of this It would be considered That before the year 1649. the Church was groaning under that sore oppression of laick patrons having power to presente Ministers unto benefices and then the Parliament was pleased to discharge all presentations of Kirks patronages whether belonging to the King or to any laick patron upon good weighty grounds as the narrative of their 39 act March 9. 1649. sheweth in these words The Estates of parliament being sensible of the great obligation that lyeth upon them by the nationall Covenant by the solemne league covenant by many deliverances mercies from God by the late solemne engadgment unto ties To preserve the doctrine and maintaine and vindicate the liberties of the Kirk of Scotland and to advance the work of reformation therein to the utmost of their power considering that patronages and presentations of Kirks is an evill and bondage under which the Lords people and Ministers of this land have long groaned and that it hath no warrand in God's word but is founded only on the commonlaw and is a custome popish and brought into the Kirk in time of ignorance and superstition and that the same is contrary to the second book of discipline in which upon solide and good ground it is reckoned among abuses that are desired to be reformed and unto severall acts of the generall assembly and that it is prejudiciall to the liberty of the people and planting of Kirks and unto the free calling and entering of Ministers unto their charge And after this Ministers entered by the call of the people of whom they were to have charge Now this Parliament will have this piece of reformation undone the Church brought back unto her old state of bondage so will have Ministers to seek for these presentations thereafter to go to the Bishop for his license approbation to officiat exerce the Ministeriall function But the faithfull zealous servants of Christ had not freedome nor liberty to do either of these therefore resolved to suffer rather then to sin They had not freedome to go to seek a presentation for these reasons 1. Because they saw no warrand for such a way of entering into the Ministery allowed of Christ or his apostles nor practised many hundereds of years thereafter and therefore toapprove of such a way had been a sin 2. The Church had been long groaning under that oppression bondage was desireous to be rid thereof at the very beginning but could never obtaine it untill An 1649 Now if they had obeyed this act submitted unto this oppression they had consented unto the spoileing of the Church of her privileges and had condemned that worthy renowned Parliament who were graciously moved of God to take off this Yoke off her necke 3. They should in so far have consented unto the defection now carryed on for this was a piece thereof The restoreing of the Church unto her rights privileges was a part of the work of reformation yea no small part thereof when this privilege is taken away the work of reformation is in so far overturned therefore such as would have sought presentations should have made defection themselves have consented unto approved of the Parliament in carrying on the worke of defection in so far 4. By the 36 act of the first Session of this Parliament It is ordained that the person to be presented shall in presence of the patron or his atturney and of the sheriffe of the shire Stewart of the Stewartry or heretable baily or commissar of the bounds of it be in the countrey and of the Magistrats of the brughs within the brugh before the granting and their accepting of the presentation Take and subscribe the oath of alleagiance otherwise his presentation is null and void of it self Now as shall be showne hereafter no man could with a saife conscience take that oath as it was tendred by this Parliament 5. They should have thereby condemned the manner of Elections by the people consequently themselves as being hitherto intruders because entering into the Ministery without a lawfull call viz without the presentation of the patron But it will be objected That all the ministers of Scotland who entered before the year 1649. should by this meanes be condemned as intruders entering without a lawfull call Ans Though patronages cannot but be condemned as sinfull tending to ruine the Church to defraude her of much advantage beside the spoiling robeing her of her privileges liberties which are purchased to her by the blood of Christ because the patron who sometime may be a prophane person a persecuter either hath not understanding to discerne the spirits or will not make choise of the best most able minister Yet such as entered that way before the
year 1649. cannot altogether be condemned partly because then the evill of it was not so fully seen perceived partly because that evill had not been reformed there was no other way of entry practised oâ—… practicable by law so though they might groan under that burden yet they could noâ—… get it helped so their fault was lesse then the fault of such would be who have now seen this evill reformed have seen or at least might have seen the evill of it have been called orderly duely conforme to the way of Election set down in the new testament for imitation how great should the guilt of such be if they should now againe lick up that voâ—…ite submit unto that yoke More may be said for the justifying of those who submit unto a yoke under which they were borne from which neither they nor their forefathers were delivered then of those who have been delivered yet consent againe to goe under the yoke thereby do betray the precious interests of Christ's Church with the rown hands wreeth that yoke about the neck of the Church under which she had been groaning many a year before It will be objected againe That they have already the consent of the people being called by them before so the Churches liberties are preserved their entry is valid enough Ans. It is true they have had the call of the people but that will not make their complyance with this course of defection the lesse sinfull but rather the more for by their taking presentations now they do upon the matter declare that they were not duely called before and so they condemne the way of entry by election as not lawfull say that the way of entry by presentations from patrons is the only lawfull way for the patrons presentation is not cumulative unto but privative destructive of the peoples liberty of free election because where patrons do presente the peoples suffrages are never asked where people have power to elect patrons have no place to present so that the one destroyeth the other therefore if any who have been called by the people freely chosen should now take presentations it would import that in their judgment they were never duely called till now this were to annull their former election which they had from the people Next which was to them of greater moment they could not with freedome of conscience goe to the prelate seek collation for these reasoneâ—… 1. Because there is no warâ—…and in all the word of God for any such thing no command for it no precedent or example of it Christian Ministers must walke by the â—…ule of the word now the scripture sheweth no difference betwixt a call a mission but both are one Rom. 1 1. Luk. 6 13. Act. 15 25. their ministry being a work 1 Thes. 5 12 13. 1 Tim. 5 17. 1 Cor. 3 6 7 8 9 10. 2 Câ—…r 6 1. they called workmen Mat. 9 37 38. stewards 1 Cor. 4 1. Wachmen Ezek. 3 2. Isa. 52 8. Shepâ—…erds Ephes. 4 11. Oversâ—…ers the like 〈◊〉 1 5 7. Act. 20 28. Heb. 13 17. Act. 15 22. their very câ—…ll conferreth the power layeth an expresse obligation on them to performe the work otherwise by their call ordination they should only receive a disposition for the work See much more to this purpose in Voetij desperata causa papatus against jansen the papist lib. 2. Sect. 2. Cap. 17. 2. By this meanes they should have condemned themselves as not being lawfull ministers before or at least not such ministers as might lawfully exerce the office of a minister 3. They should in effect have annulled the ordination which they had by the imposition of the hands of the presbytery because by their deed they should have said that not withstanding of that ordination they had no power to exercise the office thus 4. They should have mocked this ordinance of Iesuâ—… Christ of solemne setting apart one for the work of the ministry by saying in effect that it is but a meer blinde for notwithstanding that one be solemnely ordained by the presbytery according to the primitive paterne yet the persone ordained must have his recourse unto another in a superiour order for liberty to put in exercise what he hath gotten in potentia or in Actu signato the like whereof cannot be showne in all the scriptures where read we that ever any who was ordained by a presbytery might not exerce the office without a new license from some other to what end serveth ordination if it be not for seting of one apart for the work That office or power is a cyphre altogether uselesse which cannot be exercised is not like an office or power granted by Iesus Christ. 5. By this meanes they should fully acknowlege the power authority of prelates over presbyters so subscribe unto their jurisdiction acknowledge them to be lawfull officers of Christ's house upon that account submit unto them which were poynt blancke coâ—…ary to their vow Covenant It is objected against this by the author of the seasonable case pag. 15. That thereverend persones instructed by law to call for that promise from ministers do not search into mens apprehensions concerning the grounds of their power all they seek of them is obedience to them in things lawfull and honest as being presently in power being by law ordinary overseers of the ministry in their duties and chief ordainers of them who enter into the ministery Ans. There is enough here to deterre any from this bussinesse for 1. There is no warrand in the word to owne them as chief ordainers there are no chief inferiour ordainers mentioned in the word this then must be a fiction a humane invention which no minister must acknowledge for all must goe to the law to the testimony 2. nor is there any such power known to appertain to any man to be an overseer of the ministry It is true the spirit of the prophets is subject to the prophets but there is no warrand for a Bishop over Bishops or for such an officer as is to oversee the ministers No officers must be owned in Christ's house but such as are of Christ's own appoyntment 3. And any other law cannot be owned in those matters Though the law of the land should give to any such a power subjects are not for that obliged to acknowledge approve of them as such The municipall lawes of a land will not warrand any new office or officer in Christ's house It appertaineth alone to Christ as King head of his owne house Church to institute his officers And it is a fearfull incroaching upon the privileges of the crowne of Christ for any state or potentate to take upon them to appoynt such offices officers as Christ hath not appoynted Therefore whether those persones reverend or irreverend all
called God the King lately reprinted published by his Maj. royall proclaâ—…tion for the instruction of all his subjects in their duty alleagiance for thus is that oath worded I A. B. Do truely sincerely acknowledge professe tostifie declare in my conscience before God the world that our Soveraigne Lord King Iames is lawfull and â—…ightfull King of this realme of all other his Maj. dominions countreyes that the pope neither of himself nor by any authority by the Church see of Rome or by any other meanes with any other hath any power or authority to depose the King or to dispose of any of his Maj. dominions or Kingdomes or to authorize any forraigne prince to invade or annoy him or his countreyes or to discharge any of his subjects of their alleagiance obedience to his Maj. or to give license or leave to any of them to bear armes raise tumults or to offer any violence or hurt to his Maj. royall person state or government or to any of his Maj. subjects within his Maj. dominions Also I do swear from my heart that notwithstanding any declaration or sentence of excommunication or deprivation made or granted or to be made or granted by the pope or his successours or by any authority derived or pretended to be derived from him or his see against the said King his 〈◊〉 or successours or any absolution of the saids subjects from their obedience I will beâ—… faith true alleagiance to his Maj. his aires successours him them will defend to the uttermost of my power against all conspiracies attempts whatsoever which shall be made against his or their persones their crowne dignity by â—…easone or colour of any such sentence declaration or otherwise will do my best endeavour to disclose make known unto his Maj. his aires successours all treasons or treitours or conspiracies which I shall know or hear of to be against him or any of them And I do furder swear that I do from my heart abhoâ—…e detest abjure as impious hereticall this damnable doctrine position That princes which be excommunicated or deprived by the pope may be deposed or murdered by their subjects or any other whatsomever And I do beleeve in conscience am resolved That neither the Pope nor any person what somever hath power to absolve me of this oath or any part thereof which I acknowledge by good lawfull authority to be lawfully Ministered unto me And do reâ—…unce all pardons dispensations to the contray And all these things I do planely sincerely acknowledge swear according to these expresse words by me spoken according to the plaine common sense understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And I do make this recognition acknowledgment heartily willingly truely upon the true faith of a Christian. So help me God This is the oath of alleagiance how far it differeth from the former which was lately tendered is easily discerned These few words in the short oath only supreme governour in this Kingdome over all persones in all causes containe the main difference betwixt the two the main grounds of scruple for they hold forth two things The King's supremacy in matters civill his supremacy in matters ecclesiasticke It is true Ministers ought both to be to carry duti fully as becometh subjects to refuise nothing lawfull which is required of subjects but oathes being matters about which much tendernesse carefulnesse ought to be used it becometh Ministers to look well to this not to engadge in any oath rashly Advisement deliberation is most requisite here especially in a time when snares abound when there is good ground to suppose that the oath is tendered of purpose to be a snare to the conscience The oath as to it is substance or maine thing intended which lyeth wrapped up in those few words last cited is not as is obvious to any so clear as oaths ought to be yea the imposers themselves will not deny this but are forced to acknowledge that as it is worded in respect of that part thereof which is onely scrupled at which containeth the substance maine thing intended it is at best ambiguous generall for this cause if there were no more every Christian ought to forbear to swear the same And that because every oath must be sworne in truth in judgment in righteousnesse Ier. 4 2. but an unclear ambiguous oath cannot be sworne in truth because it hath no truth in it for what is ambiguous is not true as doctor Sanderson sayeth de jur promis oblig prael 6. § 10. a preposition of an ambiguous indefinite sense before the matter be distinguished is not a true proposition yea nor a proposition at all for a proposition as its definition cleareth should signify either a truth or a falshood without any ambiguity And therefore this proposition that the King is onely supreme governous over all persones in all causes being ambiguous till it be clared by some distinctions cannot be sworne in truth because the truth thereof cannot be known Nor can it be sworne in righteousnesse because such as swear it cannot be sure but that in taking that oath they may be wronging others wronging Parliaments which is worse wronging the Lord Iesus Christ who is King head of his Church Nor can it be sworne in judgment because its meaning cannot be known But now seing the oath in respect of its substantiall part as it is now worded is ambiguous unclear reason would require that the tenderers thereof should explaine the meaning thereof make it as clear as may be But when this is refuised what can such do who are pressed to take that oath but refuise the same partly because of its ambiguity partly because by the sense which by their other Acts Actings they who tender it do put upon it it appeareth to to be most unlawful all divines casuists do grant that an oath must be taken in his sense meaning in whose favours for whose sake faifty it is conceived who tendereth it And therefore it is not only lawfull but necessary to enquire what sense the Acts Actings of the Parliament do put upon it And as to the civill part of the oath which here is to be examined no other explication needeth to be enquired after then what they give forth in their Acts on record all which to cite here at length would be tedious The citeing of the acknowledgement of his Maj. prorogative which is a part of the 11 Act Anno 1661. where the substance of many preceeding Acts is summed up will be a sufficient evidence and here it is declared That it is an inherent privilege of the crown an undowbted part of the royall prerogative of the Kings of
displeasure of many at court when Ministers were freely rebuking sin in about the court they were accounted railers traitours And being accused of treason before the King his Councill They declined them as incompetent Judges Upon this account in this houre of darknesse by the meanes of the Earle of Arran This Parliament is suddenly called wherby there were two Parliaments in one year 1584. the one meeting May 22. the other which is called the ninth Parliament as the former was called the eight Agust 22. which granteth this supremacy to the King over persones ecclesiastick for formalities sake civil therefore in the end of that act it is declared to be treason to decline his Maj. or his Council in any case So then the question was not betwixt the King the Parliament But betwixt the King or his Councel the Church in spirituall matters It is true also that in the 1. Act of Parliament 18. Anno 1606. His Maj. soveraigne authority Princely power Royall prerogative and privilege of his Crowne over all Estates persones and causes whatsoever is acknowledged But this act is of the same nature with the former no prerogative over above the Estates of Parliament is acknowledged here to belong properly to the Crown And moreover these words are but faire flourishes parliamentary complements Finally the prerogative here spoken of is founded upon personal qualifications where with they say he was endued far beyond his predecessours such as extraordinary graces most rare and excellent vertues singular judgment for sight Princely wisdome the like these may be wanting in one possessing the crowne therefore it could not be the minde of the Parliament to give a supremacy founded upon such qualifications to these who had not those qualifications so they could not annex it unto the Crowne 9. Together with these particulars let this be considered That in 3 Article of the league Covenant they did all swear Sincerly really and constantly in their severall vocations to endeavour the preservation of the rights and privileges of the Parliaments And then it shall appear that there was good ground of scrupleing at that oath which as explained by their acts tendeth to the overturning of those rights privileges For none who desired to make conscience of the oath of the Covenant might swear an oath so apparently opposite thereunto It is true those questions concerning the power of Princes Parliaments are dark ticklish Ministers not being lawyers by profession can not be supposed to be well acquanted with the lawes constitutions of the realme or with the nature extent of the same in all points Yet it concerneth them to see to this that they run not themselves upon the rocks of contradictory oaths And having sworne to endeavour in their places callings the preservation of the rights privileges of Parl. it concerneth them all not alitle to search so far into the rights privileges of Parl. as that they may know when an oath is tendered unto them which crosseth the same being once engadged in an oath in a matter not sinfull not to change or to swear that which destroyeth contradicteth the former oath But leaving those things not laying more weight on them then they will bear other particulars more weighty pressing must be spoken to therefore let it be considered 10. What dreadfull consequences will follow upon the taking of this oath thus explained as to its civil part by the forementioned act concerning the prerogative other acts now to be mentioned as 1. A condemning of the convention of Estates Anno 1643. conform to the Act 6. of this Parliament 2. A condemning of the Parliaments Anno 1640 1641 1644 1645 1646 1647 1648. conforme to their Act 15. as also the committees Parliaments thereafter Anno 1649 1650 1651. conforme to their Act 9. 3. A condemning of all the Acts made by these Parliaments conforme to their Act 3. 4. A condemning of all the meetings Councells Conventions of the subjects at the beginning of the late work of Reformation conforme to their 4 Act. 5. A condemning of the League Covenant conforme to their Act 7. 6. A condemning of Scotlands joyning with helping of England in the day of their straite conforme to their Act 7. 7. A condemning of the renueing of the Nationall Covenant Anno 1638 1639. conforme to the last words of the 11 Act. 8. A condemning of the Generall Assembly 1638 severall others thereafter conforme to their 4 Act. 9. A condemning of Scotlands riseing in armes in their own defence against the Popish Prelaticall malignant Party conforme to their 5 Act. 10. A condemning of their seizing upon forts castles in their own defence conforme to the said 5 Act. Was there not then cause to scruple at the taking of this oath which would have imported a condemning of all those things sure there was as shall be showne in speaking to each of the particulars mentioned Now it is clear that the taking of this oath would have imported a condemning of all these particulars from this That the Parliament doth condemne all these mentioned particulars as the acts specified do clear because done without his Maj consent which ought say they to have been had by vertue of his prerogative royall and supremacy the perogative doth explaine his supremacy in things civill as shall be showne more fully hereafter But to come to the particulars first There was no ground for condemning that convention of Estates 1643. notwithstanding that the Kings consent was not had therto 1. Because in poynt of conscience the Estates of the land being essentially judges are bound when the publict affaires of the Kingdom do require to conveen consult thereanent when Religion lawes liberties are in hazard when the necessitie is such as will admit of no delay pure legall formalities of state must be dispensed with when they cannot be gotten followed as in this case it was clear The true protestant religion his Maj. honour the peace of the Kingdomes were in hazard by papists their adherents in armes in England Irland The King refuised to call a Parliament at that time though he was oftin requeested there unto In this case what could the states of the Land do who were bound by the lawes of God of nature of nations to see to the preservation of the Kingdom to their own interests to religion that should be dearâ—… to them then any thingâ—… else were bound by the law of God to judge governe the land but obey God disâ—…ense with state formalities according to the many examples of the Estates of Scotland before who did conveen in Parliament whether the King would or not as that Parliament which did imprison donald the 70. King the Parliament at Scone which summoned King Culenus before them that Parliament which
which the tenderers thereof do put upon it must be searched sought for out of their acts for though it could have been wished both reason religion would have required it that after the example of Abraham they had made the oath as plaine easie as might be so that the sense meaning of it had been obvious to all or had annexed such a glosse meaneing as the words in ordinary construction would bear tender Christians might saifly assent unto yet there was no such thing done yea not being desired to do it would they do it yea nor would they suffer any to enquire at them in what sense they would have the oath taken yea which is more they made an act dischargeing all to offer any sense of the oath under the paine of treason So that there is no way now left to finde out the meaning of the oath as to this part but by their acts actings which when considered together with some other things usefull in this bussinesse will help to cleare the true sense thereof Three things then must be spoken to 1. The rise progresse of this bussinesse which is imported by this part of the oath viz the Kings supremacy over persons ecclesiastick in ecclesiastick causes in England 2. The rise progresse of it in Scotland 3. Some acts deeds of the King Parliament who now tender it As to the first of these It is notour enough what King Henry the Eight did when upon some privat discontents he shook off the Pop's supremacy Anno 1530. for having caught the Clergy in a Premunire for countenanceing some way or other the Pop's legat he would not be satisfied with their payment of 100000. lib unlesse also they would acknowledge him for the supreme head of the Church on earth which after some debate in their Synod both in the upper lower house of convocation was condescended to in forme as followeth cujus c. of which Church viz the Church of England we recognosce his Maj. to be the singular protectour the only supreme Lord so far as Christ's lawes will permitt the supreme head This was subscribed unto by all put into their publicke acts or instruments presented to the King afterward Parl. 24. c. 12. upon this ground it was statuted ordained that all ecclesiasticall suites controversies should be determined within the Kingdom all appeals to Rome were prohibited and Parl. 25. c. 20. The manner of electing of Archbishops Bishops was altered that power given granted to the King and upon this same foundation Parl. 26. c. 1. it was declared that the King is supreme head of the Church of England that he should have all honours preheminences which were annexed unto that title after this there followed another act c. 3. for Tenths first fruits as appertaineing to that head-shipe supreme authority Hence also Anno 1532. The convocation submitting unto the King's Maj. promiseth in verbo sacerdotis That they would never from thence forth presume to attempt allaidge clame or put in ure enact promulge or execute any new canons constitutions ordinances provinciall or others or by whatsoever name they shall be called in the convocation unlesse the Kings most royall assent may to them be had to make promulge execute the same that his Maj. do give his most royall assent authority in that behalfe Which deed of theirs the Parliament did shortly thereafter ratifie in these termes That none of the said clergy from thence forth should presume to allaidge clame or put in ure any constitutions or ordinances provinciall or synodall or any other canons nor should enact promulge or execute any such canons constitutions or ordinances by whatsoever name or names they may be called in their convocations in time coming which alwayes shall be assembled by the Kings write unlesse the same clergy may have the kings most royall assent license to make promulge execute such canons constitutions ordinances provinicall synodall upon paine of evry one of the said clergy doing the contrary to this act thereof convicted to suffer imprisonment and make fine at the king's will 25. Parl. c. 19. So Parl. 35. c. 1. There was another oath devised ratified which was to be imposed upon the subject for the more clear asserting of the King's supremacy By these Particulars any may see that Peter Martyr had good ground to say as he doth on 1. Sam. 8. That King Henry took all that power to himself which the Pope challenged atque hoâ—… fortasse est quod Rex Angliae voluit se secundum Christum appellari caput ecclesiae putavit enim campâ—…testatem quam sibi Papa usur paverat suamesse in reguo suo ad se pertinere i. e he would there fore be called head of the Church next under Christ because he thought that all that power which the Pope did usurpe did belong to him within his own dominions and he had good ground to say that it was a proud title which gave much offence unto the godly Nor was it without reason that judicious Calvin did inveigh so much against that title in his commentary on Amos 7. saying qui juitio tantopere etc. i e. They who at the first did so much extoll Henry king of England were no doubt inconsider as men they gave unto him the supreme power over all and this did alwayes wound me They were blasphemous when they called him supreme head of the Church under Christ. So that Peter Heylyn must not be beleeved when he telleth the world in his discourse of the reformation of the Church of England pag. 13. That thâ—…se statuts which concerne the kings supremacy are not introductory of any new right that was not in the crown before but only declaratory of an old againe pag. 48. 49. That when the supremacy was recognized by the Clergy in their convocation to king Henry 8. It was only the restoreing of him to his propper and originall power invaded by the popes of these later ages for that title of supreme head not only seemed to have some what in it of an innovation as himself is forced to acknowledge in the following words but really had an innovation in it of no small consequence as shall appeare But this title of supreme head gave offence both at home abroad therefore Queen Elizabeth did change it into this of supreme governour over all persons as well in all causes ecclesiastick as civill in these tearms it was keeped is to this day But all this change did not much help the matter for many were offended even there at and what wonder seing it seemed to attribute to her Maj. no lesse spirituall jurisdiction power then what the former oath did importe Whereupon the Queen in the first year of her reigne after the Parliament had condescended on the forementioned oath published an
admonition in her injunctions of purpose to explaine interpret the sense meaning thereof gave it this sense That nothing was is or shall be meant or intended by the same oath to have any other duty alleagiance or bond required by the same then was acknowledged to be due to the most noble kings of famous memory King Henry 8. her Maj. father King Edward 6. her Maj. brother That her Maj. neither doth nor ever will challenge any other authority then that which was challenged lately used by the saids noble kings which is and was of ancient time due to the imperiall crowne of this realme That is under God to have the soveraignity rule over all manner of persones borne within these realmes dominions countreyes of what estate either ecclesiasticall or temporall soever they be so as no other forraigne power shall or ought to have any superiority over them And this was confirmed by Parliament 5. Eliz. cap. 1. But neither did this remove the offence for still the oath did import more then soveraignity over all persones even over all causes also and it was certaine that King Henry 8. did both challenge use more power then that therefore the convocation of the clergy meeting Anno 1562. took notice of the offence saw a necessity of declareing another sense for the satisfaction of all this they did Artic. 37. declaring signifying That there was no authority in sacred matters contained under that title but that only prerogative which had been given alwayes to all Godly princes in holy scriptures by God himself viz That they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiasticall or temporall and to resâ—…raine with the civil sword the stbbâ—…rn and evildoâ—…rs as also to exclude thereby the Bishop of Rome from having any jurisdiction in the realme of England this Article was assented unto by the Parliament 13. of Eliz. c. 12. is insert in the statute book But under favour any may see that this covering was not sufficient to hide the deformites of that oath as worded for all the jurisdiction of the Bishop of Rome was hereby excluded now the Bish. of Rome's power was more then civil for it was ecclesiastick also the oath gave unto the Queen that which was taken away from the Pope more over supreme governour in causes ecclesiastick importeth more then this explication doth And therefore it had been much better if no more had been intended then this explication saifly taken doth hold forth to have changed the words of the oath made them more conformable to the glosse for every one who readeth seeth this sense will not be able to discerne an harmony betwixt them the oath as worded holding forth more then the glosse hence it was that for all this glosse the English divines were put to much trouble to defend themselves when sorely pressed with the words of the oath they seemed to be at some losse disadvantage were constrained to run from the words of the oath unto the glosse which is a sufficient proof that if no more be intended by the oath then what is held forth in the glosse giveÌ„ the oath ought to be otherwayes worded hence also it is that all the followers of Erastus to this day do look upon the Church of Engl. as wholly of their judgment this puteth such divines as write against Erastianisme to great paines to search out the meaning of the English divines to answere that objection certanely these divines would have wished that the oath had been otherwise worded So that adversaries might have had lesse ground to boast of the Church of Englands being of their judgment Yea Triglandius in dissâ—…rt de Civil Eccles. pot Waveth the English divines in this poynt fearing possibly that he should not be able to extricate himself out of the thicket of difficulties which he might see before him therefore sayeth Cap. 8. Pag. 154 155. Controversiam Anglorum i. 〈◊〉 We owne not the controversie of the Englishes with Papists upon this subject aâ—… owrs for we are not of the judgment of Papists nor are we necessitated to defend our judgment by the judgment of the English divines And again in his Amapologia Pag. 726. Col. 2. Quamvis non diâ—…eamur c. Though we cannot deny but they i. e. the Englishes in respect of the usurped hierarchie there and the King's power over it have extended the King's supremacy furder then it ought to have been And Apollonius in his Ius Majestatis Part. 1. Pag. 11. telleth us that Some reformed divines in the heat of disput against the Papists out of hatred to the Roman hierarchy did turne a little out of the right way that they spoke according to the lawes of that Kingdome common-wealth in which they lived This especially is to be noted in those divines who wrote of the King's supremacy in the Kingdome of England The learned have seen the writtings of Lancelot Tooker Burchill Thomson and Salcobrig c. And the writtings of their adversaries who debated with them concerning the King's supremacy all who are not slaves in their judgments unto the great ones of the World may see clearly that there are failings on both hands And againe out of Didoclave Pag. 43. he telleth us That albeit they did blote out the metaphoricall title of the head of the Church lest it should give offence put in its place the Supreme Governour Yet the sense was the same for Henry of Salisburry sayeth That the King of England is the primat of the Church of England that he is a mixed person having both Ecclesiastick temporal Jurisdiction that in a supreme way proveth from the statute I. Eliz that the jurisdict Eccl. which was or might have been exercised by any spirituall or Church power for visiting the Ecclesiastick state order for reforming bringing into order punishing Churchmen all sort of errors schismes abuses offences enormities within the Kingdome is for ever annexed unto the Crown So that it is too too apparent that severall of the English divines run a furder length give a larger exposition of the supremacy So dangerous a thing is it to admit of oaths which must have strained glosses commentaries for clearing of them which the words will not in a faire construction bear moreover if any consult the later actings of King Parliament there in England they shall see a far other sense put upon it such as plead for the present change of Church government there walk much upon this supremacy particularly the author of the grand case asketh how any man who hath taken or is willing to take that oath can speak against the King's power of setting up what forme of Church government he pleaseth in the Church which whether it may not make Englishmen of a truely tender conscience
scruple now at the taking of that oath let wise men judge Next as to the rise of this power over the Church the occasion of this oath in Scotland seing it may sufficiently be gathered from the short historical narration of the government of the Church set down Sect. 1. a short recapitulation will be sufficient here In the confession of faith which was ratified approved by the Parliament Anno 1560. againe ratified insert in the records Anno 1567 cap. 25. the power in Church matters which is there given unto the civil Magistrat is in these words That to them chiefly and most principally appertaineth the conservation purgation of religion and they are appoynted for the maintenance of the true religion and for suppressing of idolaâ—…ry and superstition in that same Parl. An. 1567 Act 2. there is an act which was made Anno 1560. ratified ordaineing that the â—…ishop of Rome called the Pope have no jurisdiction or authority within this realme and that none of his Maj. subjects suite or desire title or right of the said Bishop of Rome or his sect to any thing within his realme under the paine of banishment c. and that no Bishop use any jurisdiction in time coming by the said Bishop of Romes authority under the paine forsaid whereby the Popes authority was quite rejected not only in civil matters but in Church matters yet there is no expresse word of the Kings being invested with any such power Anno 1568. There was one Thomas Bassenden Printer in Edinburgh who did printe a book intituled the fall of the Roman Church and in that book the King was called the supreme head of the Church This gave great offence moved the generall assembly to cause call in these books to delete that title of the Kings But all this did not preserve the Church from incroachments for when Montgom pretended Archb. of Glasgow was proceeded against the king summoned the whole synod of Lothian before him afterward when this same Mr Montgomery was summoned before the Nationall Assembly there came a Messinger of armes from his Maj. to discharge the Assembly under the paine of rebellion of puting of them to the horne to proceed any furder whereupon the assembly did complaine of this incroachment April 27 Anno 1580. as such the like whereof had never been made before But this availed not for Mr Balcanquell Mr Dury were summoned before the Councell for some freedome which they had used in preaching Of this the Assembly did complaine againe which occasioned a conference betwixt the King some Ministers the result whereof was That in all time coming the tryal of Ministers doctrine should be referred to Church Iudicatories as the only competent Iudge But this was soon forgotten for Anno 1581. Mr Balcanquell was againe accused the privileges of the Church were incroached upon which did put the Church to supplicat Anno 1582. complaine that His Maj. by advice of some consellours was about to take the spirituall Power authority upon himself propperly belonging unto Christ as the King head of his church of the ministery the execution thereof unto such as bear office in ecclesiasticall government so that in his person some men presse to erect a new Popedome as if his Maj. could not be full King head of the commonwealth unlesse the spirituall as well as the temporall power should be put into his hand unlesse Christ be bereft of his authority the two jurisdictions confounded which God hath divided which tendeth directly to the wrecke of all true relig it their next assembly there was an article drawn up to be presented unto his Maj. to this affect That seing the jurisdiction of the Church was granted by God the Father through our Mediator JESUS CHRIST given to those only who by preaching overseeing bear office within the same to be exercised not by the injunctions of men but by the only rule of God's Word That an Act of Parliament concerning the liberty jurisdiction of the Church be so plainely declared that hereafter none other under whatsoever pretence have any colour to ascribe or take upon them any part thereof in placeing or displaceing of Ministers of God's Word in spirituall livings or offices without the Churches admission or in stopping the mouthes of preachers or taking upon them the judgment or tryall of doctrine or of hindering or disannulling the censures of the Church or exeeming any offendour there from By the endeavours of these faithfull worthies any may see what a Spirit was stirring then when the King would assume to himself spirituall power authority so rob Christ of that which belongeth to him as King head of the Church make himself a Pope the fountaine of all power jurisdiction both civill ecclesiastick challenge power to give commission for deposeing ordaineing of Ministers hinder free preaching to try censure doctrine to anull all Church censures as he pleased This was the Spirit that was then stirring at court this is the supremacy to the life this was it which court parasites said did belong unto the crown let the Church say do to the contrary what she could Hence a little after this Mr Melvin was accused for his sermon after he had declined the King his Councell as incompetent judges in that cause was forced to withdraw to Berwick for fear of his life Anno 1584. The Parliament which was suddainely convocated did put the copestone upon this bussinesse gave the King in forme what he had assumed to himself formerly upon the matter in their very first Act give him Royal power and authority over all Estates as well spiritual as temporal within the realme And Statute and ordaine that he and his heires or successours be themselves and their Councels in all time coming judges competent to all persones of whatsoever Estate degree function 〈◊〉 condition they be of spiritual or temporal in all matters that none decline their judgement in the premisses under the paine of treason From this supremacy flowed the impowering of Bishops with Church jurisdiction as commissioners from the King so that when the King wrote unto a Prelat he stilled him Our beloved Clerck Commissioner in Ecclesiastical causes So that by this supremacy the power of Church jurisdiction was made propper to the King the exercise thereof was committed by him to whom he would After this blast was something blown over Anno 1592. Papists others at court stirr up his Maj. against the government of the Church so that when the commissioners of the Generall Assembly had met had sent some of their number to shew the King what offence was taken at his calling home the Popish Lords he was offended asked how they durst meet without his warrâ—…nd But Mr Andrew Melvin answered That there were two Kings two
fit necessary it is for the honour service of almighty God the good quyet of the Church the better government thereof in unity order That there be a National Synod Assembly duely constitut within this kingdome Hath therefore appoynted declared by these presents appoynts declares That there shall be a National Synod of the Church of Scotland And that this Synod for the lawfull members thereof shall consist be constituted of the Archbishops of St Andrews Glasgow the remanent Bishops of these two Provinces of all Deanes of cathedrall Churches Archdeacons of all the moderators of meetings for exercise allowed by the Bishops of the respective dioeceses of one Presbyter or Minister of each meeting to be chosen elected by the moderator plurality of the Presbyters of the same And of one or two from the University of St Andrews one from Glasgow one from the King's colledge one from Marshells colledge of Aberdeen one from Edinburgh And this Synod thus constitut is to meet at such times in such places as his Maj. by his proclamation shall appoynt And is to debate treat consider consult conclude determine upon such pious matters causes things concerning the doctrine worship discipline governement of this Church as his Maj. under his Royal hand shall deliver or cause be delivered to the Archbishop of St Andrews president of the said Nationall Assembly to be by him offered to their consideration The Estates of Parliament do humbly recognosce acknowledge his Maj. Royall power prerogative afore said with the piety justice prudence of his Maj. resolution therein Like as his Maj. with their advice consent doth hereby establish ratify confirme this constitution of a Nationall Assembly as the lawfull constitution of the Nationall Synods Assemblies of this Church His Maj. or his Commissioner without whose presence no Nationall Synod can be keeped being alwayes present declareth that no Act canon order or ordinance shall be owned as an ordinance of the Nationall Synod of the Church of Scotland so as to be of any effect force or validitie in law to be observed keeped by the Archbishops Bishops the inferiour Clergy all other persons within the realme as far as lawfully being members of this Nationall Church it doth concerne them but that which shall be considered consulted agreed upon by the president major part of the members above specified It is alwayes hereby provided that nothing be enacted or put in execution by authority of a Nationall Synod within this Kingdome which shall be contrary to his Maj. Royall prerogative or to the lawes of the Kingdom that no act matter or cause be debated consulted concluded upon but what shall be allowed approved confirmed by his Maj. or his Commissioner present at the said Nationall Synod In which Act these things are remarkable 1. That Church Assemblies may not meet without his warrand 2. The King or his Commissioner are essentiall constituent members thereof 3. That the King hath power to appoynt the very constituent members of the Synod 4. Ruleing elders are excluded out of Church judicatories 5 That the constant moderator hath a more then ordinary voice in the exercise for the member to be chosen there must be elected by him the major part of the rest 6. Nothing can be agreed upon without the consent of the Archbishop of St Andrews thus he hath a negative voice 7. Nothing must be debated either concerning doctrine worshipe discipline or government but what his Maj. pleaseth 8. Nothing must be concluded but what his Maj. or his commissioner doth approve confirme 9 All this is founded on his supremacy 10. And his supreme authority over all persones in all causes his prerogative royall are declared to be all one 5. There is another commission granted for the heigh commission a part whereof followeth Our Soveraigne Lord ordaines a commission to be passed exped under his Maj. great seall of the Kingdome of Scotland making mention That in consideration of the multiplicity weight of Church affaires of the Estate incumbent upon the Lords of privy councell so as they cannot attaine the due execution of the lawes to the effect that the disorders contempt of authority may be timeously suppressed His Maj. by vertue of his prerogative in all causes over all persons as well ecclesiastike as civill has given granted like as his Maj. by the tenor hereof giveth granteth full power commission to the Archbishop of St Andrews The Lord chancellour L. treasurer archbishop of Glasgow Duk Hamilton Marques of Monâ—…se c. or any five of them an Archbishop or Bishop being one of the number To summon and call before them all contemners of the discipline of the Church for that cause suspend deprive and excommunicat all keepers of conventicles c. to appoynt ministers to be censured by suspension and deposition and punished by fineing confineing and incarcerating them and all other persons who shell be found transgressours as aforesaid c. Out of this Act these things are remarkable 1. Here is a mixed court made up of Church men civill men 2. A court medling both with civil ecclesiastick punishments for they have power of deposeing excommunicating fineing and imprisoneing 3. A court founded upon his Maj. prerogative in all causes over all persons as wel ecclesiasticke as civil 4. An Archbishop or Bishop is sâ—…e quo non one of those with four others may do all themselves By what is said something of the meaning of this oath according to their sense who tender it may be discovered the bussinesse being so clear much time needeth not be spent in handling that long tedious controversie concerning the Magistrats power in Church matters Onely a hint at some few things as reasons why this oath thus tendered explained could not be taken will be sufficient 1. By this meanes they should upon the matter have affirmed that the King was head of the Church for it is clear that he assumeth to himself power of appoynting new officers in Christ's house new courts judicatures which Christ did never appoynt of committing Church power to whom he will of appoynting what forme of Government in the Church he thinketh fit modelling the constitution of Church idicatories appoynting who shall be members who not who members siue quibus non of limiting the bounds of their procedour by appoynting what they shall treat of what not of puting life in their canons constitutions c. Thus all Church power shall flow from him he shall become the head of the Church under Christ the same way that he is head of the commonwealth under God And indeed the prelate their creatures are not ashamed in their publick prayers to stile the King head of the Church Now could any faithfull
6. Mary Elizabeth in the space of Thirty years waâ—… grounded upoâ—… occasioned by that which is contained in this oath for by vertue of this oath these severall Kings Queens took upon them to alter change as they thought good this is ordinaryly seen in supreme powers when they begin to usurpe So that it is a sad truth which Calvin hath in his câ—…mment on Amos. cap. 7. v 13. hâ—… sacrilegium c i. e. this sacrilege rageth prevaileth with us because they cannot keep within lawfull bounds but they think they cannot reigne unlesse they take away all the authority of the Church become the heigh est judges as well in doctrine as in all the spirituall government Therefore the devil gave to Amaziah this counsell a mediocrity should therefore be keeped because this desease hath alwayes been in princes that they would make religion how according to their owne lust pleasure And this is a part of the Cesario-papatus the state papacy of which Wigandus in his 13 cvill complaineth viz. That they set up a new forme of religion And now seing doolfull experience proveth how ready princes Magistrats are to goe beyond bounds to arrogat to themselves more then is allowed is it fit for Ministers or Christians to blow at that coale of ambition by asserting in words as much as they desire They do not much value the glosses which any may devise afterward to cover the shame of their nakednesse were it not better to hold back such as run too willingly of their own accord to the ruine of religion the interests of Christ It cannot then be saife for any to have a hand in setting up a state Antichrist to the ruine destruction of the Church of Christ And though the gracious disposition of the prince should be otherwise set he should not abuse his power to the hurt of religion yet no thankes to his sycophants who ascribe such power to him as if put into act would ruine religion the Church of Christ which of its own nature tendeth thereunto if it meet not with accidental stops whatever may be said of the power of the supr Mag. concerning determineing appoynting what religion shall be publickly professed within his dominions yet this power agreeth not to him byvertue of his supremacy in Church matters but by vertue of his supreme Magistraticall power by which he is to have a care of all publicke things But this supremacy in Church matters is a far other thing for it giveth intrinsicke Architectonicke power in Church matters this agreeth only to the Lord Jesus who is the alone head of the Church therefore it cannot be said to belong unto the supreme Magistrat 7. By this oath they should grant that the civill magistrat as such should be a Church member because he who hath a chief hand in Church affaires cannot but be a Church member he who is a chief member in Church judicatories cannot but be a Church member He who hath Church power cannot but be a Church member he whose commissioners Ministers are in Church administrations must certanely be a Churchmember Now all these they give unto the King not as a Christian but as a King for they annex them unto the crown and make them part of the royall prerogative But this cannot be assented unto for then every heathen Magistrat should be a Church member because a heathen Magistrat is a Magistrat as essentially as a Christian Magistrat Christianity addeth no Magistratical power it maketh not one more a King or a magistrat then he was it only qualifieth inableth him for the right administration or execution of the power but addeth no new power Moreover magistracy hath nothing to do either with the matter or with the forme of Church member shipe reall grace union with Christ maketh one a member of Christ's mysticall body serjous profession of the true religion maketh one a member of the visible Church but magistraticall power honour dignity hath no interest here no such thing commendeth a man to Christ. 8. By taking of this oath they should have said that the civil magistrat as such is a Church officer because as he is in possession of the crown of the royal prerogatives thereto annexed he hath the disposall of the externall governement of the Church No nationall Synod can hold without him none of their acts hath the power of canons without him He hath power by his commissioners civil ecclesiastick persons to excommunicat depose suspend ministers c. But this cannot be granted for then 1. Heathen magistrats should be Church officers 2. Such as are not Church members should be Church officers 3. Women should be Church officers for such may be Magistrats 4. Then no magistrats should be chosen but such as have the qualifications requisite in a Church officer 5. There is no ground or reason which can be given for this 6. There should be no Church officer but such as are mentioned in the gospell among all the Church officers mentioned in the gospell there is not one word of him 9. By taking of this oath they should say Not only that the supreme magistrat as such is a Church officer but that he is a Church officer of the heighest degree the supreme Church officer next under Christ for he is put above all the ordinary Church officers who act only in subordination unto him pastors Doctors are but his commissioners have their power from him must be accountable to him in their administration But certanely this cannot be true for then 1. This must be also affirmed of a heathen for a qua tali ad de omni valet consequentia 2. It is not credible that Christ should have appoynted such an eminent Church officer who was to continue unto the end of the world never shew us how he should be called nor what his qualifications should be nor the way of his ordination nor his work 3. Then women children might be such eminent Church officers 4 Or none should be supreme Magistrats but such as are fit for such an eminent Charge in the Church But both these are false 10. By taking of this oath They should lay the foundation of a lasting confusion betuixt Church state God hath been pleased in all ages to set clear distinct limits bounds to each of those that they might not be confounded or mixed together In the old testament there was a clear difference be â—…uixt the two so in the new testament Divines writting against Erastus have made it clear that they are distinct toto genere both in the fountaine of their power in the subject matter in the manner of working in the nearest end designed many such like so that it is needlesse to say any thing of it here Now in asserting this supremacy they should lay the ground of this
before what is the judgment of the Church of Scotland in this particular in their preface to the confession of faith 3. There is no expresse command either for seeking or having his expresse consent The reformers of the Church of Scotland never once thought of this but as oft as conveniently they might as necessity urged they keeped Assemblies not only without the consent of the supreme Magistrat but oftimes against their will thinking it their duty to Assemble for the relief of the Church ay untill some difficulty were laid in their way which they could not win over untill some phisicall restraint or some what equivalent were laid upon them 5. It would neither be fit nor saife for them to condemne the worthies who stood so zealously for the truth keeped that Assembly at Aberdeen which occasioned their banishment 2. That the power of convocating indicting of Synods Assemblies doth belong only unto the Magistrat The act for the National Synod doth abundantly cleare this But to assent to this were a palpable wronging of the Church which hath intrinsick power for this needeth not goe out of her self to seek it The Synod which did meet 〈◊〉 15 was not indicted by any civil Magistrat The Church should then be in an irremediable case when the civil Magistrat is an enemy but God hath provided meanes for the saifty preservation of his Church Even when the higher powers are but small friends unto her as oftimes it falleth out see the judicious learned doct Voet de Pol Eccles Pag. 184. Quaest 5. 3. That the power of delegating unto assemblies doth belong to him alone so as he may appoynt all the constituent members thereof according as he pleaseth as the Act for the nationall Synod sayeth he doth that by vertue of his supremacy But this were a grosse wronging robbing of Churches of their power privilege of delegating such as they think fit according to the Example of Antioch sending Paul Barnabas to that Synod Act 15. the practice of the Church in all ages see Voet ubi supra Pag. 187 Quaest. 7. 8. Yea if so the persones delegated should vote in his name not in the name of Christ or of the Church the meeting should not be a pure Church meeting but either wholly politicall or else politico-ecclesiasticall 4. That he might dissolve Church assemblies Synods when he pleaseth for the fore mentioned Act for the Nat. Synod warrandeth them to meet only at such times as he pleaseth But this were a great wrong done unto the Church privileges See Voet. ubi supra Pag. 190. Qâ—… 13. 14. Synods should be no helps unto the poor Church if they might sit no longeri what ever necessity might urge then his Maj thought good to suffer There is no warrand for any such dependence of Church judicatories upon the civil Magistrat's discretion If Christ hath allowed Synods to his Church for determineing in Church affaires he hath allowed them to sit untill they finish the bussinesse for which they did assemble Yea if they should yeeld to this they should condemne the assembly at Glasgow 1638. which did sit untill they had ended their bussinesse notwithstanding of a command to dissolve 5. That his presence or the presence of his commissioner is necessary unto each nationall assembly for the Act of Parliament ratifying the Act for the nationall Synod sayeth expresly that without the presence of the King or of his commissioner no nationall Synod can be keeped But 1. there is no law of God for this 2. The Synods in the primitive times were held without his presence 3. There were many generall assemblies held in Scotland without his presence 4. The Magistrat as such is no constituent member of the Synod therefore his presence is not necessarily requisite see Voet ubi supra Pag. 188. Quaest. 9. 5. If there be such a necessity for his presence at nationall Synods he must not be absent from lesser assemblies thus there shall be no Church judicature held without his presence which were most absurd See what the learned famous Voetius sayeth to this pol. Eccles. Part. 1. Pag. 199. 200. 6. That Ministers have no proper decisive fuffrage in Synods because the forecited Act sayeth That matters are to be setled only by their advice So that in their Synod they are only the King's counsellers conveened to advise consult a power only to advise is no decisive fuffrage so the Act concluded is the deed of the supreme Magistrat following their advice is not their deed Now this is most absurd destructive to all Synods of all their power thus it should be far worse with Synods now when Magistrats are Christians then when they were heathens Moreover there is no warrand for his having with the rest of 〈◊〉 the commissioners a voice in those Synods far lesse for his having the whole power It is clear that as a Magistat he can have no suffrage or voice in these Synods for then heathens who are no way qualified for such a bussinesse should have it likewise Yea if it were so all the determinations of Synods should be civil Acts no Church Acts being done by one who is no Church officer yea nor a Church member as such let be a Church judicature This was Episcopius the Arminian his judgment in disput de jure Magistratus circa sacra Thes. 16. viz. that he may convocat assemblies choose members prescribe lawes unto them the way of prâ—…cedour aske the suffrages either peremptorily enact or approve what is done that it may passe into a law see Voet. ubi supra pag. 191. Qâ—… 16. 7. That the judicatories of the Church be prelimited for nothing may be enacted by the nationall Synod which is contrary to his Maj. royal prerogative or to the lawes of the land so sayeth the Parliaments ratification of the Act for the nationall Synod But what if iniquity be established by a law what if Christ's royall prerogatives be taken from him given to the King shall the Church in her judicatories do nothing for the truth shall she give no testimony against these usurpations shall the lawes of the land the King's prerogatives be her Cynosura what use shall be made of the word of God then where is there any such caution or limitation given to the Church But enough of this 8. That Church judicatories may not so much as consult debate about any Act matter or cause but what shall be allowed approved by his Maj. or his commissioner for these are the very words of the Act of Parliament But who can assent unto this intolerable jncroachment destructive of all Church judicatures making them no judicatories at all but a company of men conveened for giving advice But where was there ever the like of this Church judicature The nameing of those things is sufficient to discover their vanity see
excellent Voâ—…t ubi suprâ—… Pag. 189. Quaest. 11. 9. That no Church canon or ordinance hath any effect force or validity but what shall be approved confirmed by him or his commissioner for so much doth the fore cited Act import now who but he who hath drunken in the opinions of Erastus Arminians will assent unto this It is true the canons ordinances of a Church judicatory cannot have the strength of a municipall law without the Magistrat's civill sanction But yet they may have the strength of Church Canons whether he approve of them or not as the Acts of the Councell at Ierusal Act 15. of all other Synods Assemblies which the Church had dureing the first three hundered yeers had Otherwise the Church should be in a hard case when the civill Magistrat did refuse his concurrence as hath been oft hinted in a better case under heathens then under Christian Magistrats Therefore this could not be assented unto 10. That all Church Canons are his proper Acts flow natively from him his power for the meeting is but for Counsell advice to him all which they say is without force unlesse he approve it as the Act sayeth so all their Acts Canons are his only not theirs But this could not be granted because 1. what ever he doth as supreme Governour or Magistrat is a civill Act no Church Act so no Church Canon 2. No Church Canon can be made by any but by Church Officers who are impowered by Iesus Christ for that effect but the Magistrat as such is no Church Officer 3. This power is without all warrand of Scripture therefore can not be acknowledged Thus you see what incroachments upon the Privileges of the Church the taking of this oath thus sensed by them carryeth along with it albeit there be some Erastians others who take these for no incroachments but trutâ—…es Yet reformed divines such as famous worthy Voetius Apollonius others have sufficiently manifested them to be grosle errours because the end designed in this undertaking is satisfaction to orthodox reformed sound divines with whose principles the present suffering Church of Scotland doth accord it is accounted sufficient only to mention those things which the taking of this oath as explained by their Acts deeds who tender it would clearly import an assenting unto But to proceed 15. By this oath They should grant that the Church is very imperfect so long as she wanteth a Christian Magistrat for she wanteth a chief Officer And hence it will follow that the Church in the dayes of the Apostles some hundereds of Years thereafter was imperfect as to its Constitution wanting this supreme Governour Otherwise they must say that Nero Caligula the rest of the Roman persecuting Emperours did sufficiently fill up this place And that the Apostles did upon the matter would not have refused plainely to have affirmed that these persecuting heathens were supreme Governours over all persones in all causes Civill Ecclesiastick But none of those can be affirmed with any probality or shew of reason 16. Yea by taking this oath They should grant that the Apostles primitive Church walked not regularly in the matter of governing the Church Because they acted with no such subordination unto the supreme Magistrat who then was they derived no power from him as their supreme Governour in causes Ecclesiastick To say that necessity did put them to this is but a poor defence for then out of necessity the primitive Church did rob the Magistrat of his power or else this power agreeth not to all Magistrats but only to Christian Magistrats it so it cannot be a power or Privilege annexed to the Crown And further it doth not agree to them as Christians nor yet as Magistrats otherwise it should agree to all Christians to all Magistrats which is false therefore i cannot agree to them as Christian Magistrats for as learned renowned Doct. Vâ—…us sayeth Polâ—…t Eccles. Pag. 137. Duo subjecta principia formalia quae non sunt unum auâ—… unâ—…a per se non possunt fundare effectum formalem per se unum sc. ex gr Homo unus si sit Consul Patâ—…r non poteâ—… dici habere potestatem consularem in cives qua Consul-paâ—…er nec potestatem patriam in sâ—…ium quâ Pater-consul 17. By taking of this oath They should yeeld unto the opening of a door unto the utter destruction overthrow of all Church judicatories for by their judgment who tender that oath the King is the fountaine of all Church power who ever executeth any Church power executeth it as his Commissioner he may imploy in this bussinesse whom he pleaseth by the Act for the heigh commission he imployeth civill persones who are no Church Officers in deposeing Ministers in excommunicating so he may imploy such persons alwayes only such for he is at liberty to imploy whom he will so at length he may put aside all Church Officers so lay aside all Church judicatures handle all Church bussinesse in civill courts But what Christian could yeeld to this See Voetius ubi supra Pag. 146 Arg. 11. 18. By this oath they should grant unto the Civill Magistrat power to erect new courts which have no warrand in the word such courts as the Church had not all the dayes of the Apostles nor many centuries of years thereafter for by vertue of his supremacy he erecteth this new court called a Heigh or Grand Commission wherein civill persons meddle with Church matters execute Church censures Church-men meddle with civill matters civill censures But to yeeld to this should be to destroy all Church power to condemne the Apostles for not leaving behinde them the example of such a court the primitive Church for not setting up such a court By Presbyterian principles no judicature must be acknowledged for a court of Christ but that which hath Christs warrand 19. By taking this oath They should yeeld unto the lawfulnesse of appealing from a Church judicature unto the civil Magistrat for it is lawfull to appeal from an inferiour judicature unto a superiour by the tenderers of the oath the supreme Magistrat is a superiour judicature It is lawfull to appeall from the Commissioners unto such as have given them that commission And Ministers in these judicatories are but his Commissioners But sound divines writting against Erastus the Arminiant will justify their refuseing to yeeld to this if they should have yeelded to this they should have condemned the Generall Assemblies that declared such as appealed from a Church judicature unto the King his Councell censurable with the sentence of excommunication And approved of such perverse troublers of the Church as took this corrupt course to keep themselves from censure Moreover there is no example of any such lawfull appellation for Paul's
of any change in the Apostle Paul's time for the author mentioneth here his Epistle to Timothy which was writen near to the end of his dayes 3. Though there had been some change alteration even in the Apostles dayes as to the manner of going about the work of preaching and baptizing these are all the particulars which the author mentioneth some order setled thereanent which had not been setled before what will this speak to the matter of Government which is the only thing now under debate will it follow that because there was a setled order condescended on in preaching and baptizeing which at sirst was not followed therefore the Apostles in some Churches erected presbyterian Government and in others Episcopall By what Medium will this consequence be proved 4. But how how shall it beleeved that things were better setled afterward then they were in the Apostles dayes or that the practice of after ages is as obligatory as the practice of the Apostles It is but a dream then to think that the Apostles did not observe any setled forme in Governing Churches but only Acted according to the principles of humane prudence according to the necessities occasions of the severall Churches which they had planted for neither this author nor any other which he hath cited to this effect doth prove it And though they should all say it we were not bound to beleeve them seing the law the testimony showeth the contrary as may be seen in the writings of such as plead for Presbyterian Governement where they shew that the Church of Ierusalem Ephesus others were Governed by the common consent of Presbyters that the manner of the governement of all Gospell Churches mentioned in the new Testament was uniforme But he hath another thing to say against the practice of the Apostles viz. That we cannot have that certainety of Apostolicall practice which is necessary to constitute a divine right This notion he prosecuteth at great length Chap. 6. as a ground thereunto he Prefixeth § 4. That the Apostles in the forming of Churches did observe the customes of the jewish synagogue And thereupon proceedeth to cleare both what the Governement of the jewish synagogues was how the forme set up in the Christian Church did correspond thereunto all which concerneth the bussinesse in hand litle or nothing there fore may be passed seing it is not very materiall to consider whether or not jewish synagogues were so Governed whether or not the Apostles did follow that copy for that which is now sought for is such a Government as was practised by the Apostles instituted as the forme of Church Government which was to continue such a Governement as had the stamp of divine authority or of a divine institution But now no jewish Governement as such could have this but only such a Governement as these by their practice did institute who were thereunto appoynted of God extraordinarily called qualified And moreover if the jewish Synagogues were Governed uniformly if the Apostles did set up a Governement in the Gospell Churches in a way correspondent there unto It will inevitably follow that the Apostles did take an uniforme way in setling the Governement of all the Churches this crosseth what he said of late confirmeth what was Answered But leaving this The proposition now under consideration is a question of fact the certanety of which is doubted of as he allaidgeth viz what course the Apostles took in Governing Churches or after what manner did they setle a Governement among them The uncertanety of this matter of fact he thinketh to evince by three arguments The last of which viz the defectivenesse ambiguity partiality repugnancy of the records of the succeeding ages which should informâ—… 〈◊〉 what Apostolicall practice was which he prosecuteh largely satisfactorily From § 16. to § 19. may be passed as concerning the bussinesse in hand nothing as to Presbyteriaus for if they be not able to prove the practice of the Apostles out of the sacred write they dispaire as much as he can do of proving the same from humane records that for the same reasons which he there giveth But as for the other two reasons or grounds they must be examined The first then is this The equivalency of the names the doubtfulnesse of their signification by which this forme should be determined now there is a fourefold equivalency of names Bishop Presbyter 1. That both should signifie a Presbyter as Theodor in 1. Tim. 3. 1. 2. That both should signifie a Bishop 3. That both should signifie promiscuously some time a Bishop and sometime a Presbyter and. 4. That the name Bishop alwayes imports a singular Bishop but the name Presbyter doth promiscuously signifie both equivocall words can never of themselves determine what sensethey are to be taken in all that can be inferred from the promiscuous sense of the words is that they may be understood only in this sense but it must be proved that they can be understood in no other sense before any one particular forme of Governement as necessary can be inferred from the use of them Ans. 1. This is a ready way to cast all scripture as unable to determine any controversy for if adversaries may be beleeved all these passages which are made use of against them do carry another sense must be otherwise interpreted so all scripture must goe under the name of equivocall sentences must be laid aside 2. Presbyterians do not lay the stresse of their bussinesse upon the name They have other things whereby to prove their poynt then either the one name or the other And so this doth not concerne them much 3. The question betuixt Presbyterians their adversaries is this whether there be such an officer as a prelat having superiority of jurisdiction over Presbyters people sole power of ordination instituted by Christ or not not whether these two words signifie one thing or another for it is granted by all the Episcopall party except one who in his Annot on act 11. sayeth that there is no evidence whereby these inferiour presbyters may appear to have been brought in the Church so early That there were presbyters ordained in the Apostles dayes and all the question is concerning bishops as distinct from presbyters whether or not they were ordained Presbyterian divines do demonstrat that even in those places where the name Bishop is no such officer can be understood As to that which some fathers say who writting some centuries of yeers after the Apostles dayes speaking of the state of the Church in the Apostles dayes after the forme manner in their times concerning the promiscuous use of the two names it doth no way wrong the cause in hand untill it be proved that there was indeed such an officer in rerum natura this is not yet done 4. Whatever these names may signifie is not
was the elders of that Church unto which Paul Barnabas were sent Ver. 2. this was the Church of Ierusalem that they should goe up to Ierusalem to the Apostles and elders 2. When they came to Ierusalem they found the Apostles elders there present what could the Bishops of all Iudea be doing there at that time If it be said that they came together upon this solemne occasion How did they know of this occasion For the Apostles knew not of it themselves till the Commissioners from Antioch told them Ver. 5. That there were certane of the Sect of the Pharisees arisen which beleeved saying that it was needfull to be circumcised c. And then Ver. 6. The Apostles Elders came together for to consider of this matter He who can imagine that these Elders were the Bishops of the severall dioecies of Iudea may easily cast by the plainest fullest passages of Scripture that can be may imagine what he pleaseth But to put a close to this let that passage Act. 16 4. be considered where it is said They delivered them the decrees to be keeped which were ordained by the Apostles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Elders in Ierusalem or who belonged to the Church of Ierusalem or stayed there The third passage is Act. 21 11. of which he giveth the same dubious sense upon as little ground as before his conjectures may receive the same answers Only where he sayes They might be the Elders of the severall Churches of Iudea he seemeth to prevaricat for the poynt of difference is not betwixt Elders Elders But betwixt Elders Bishops betwixt the Elders of that particular Church of Ierusalem the severall Bishops of the dioecies of Iudea But it seemeth he blushed to name this once therefore thought it best to put in Elders but this was not faire dealing Neither is his conclusion faire when he sayeth There is no certainty of the Church of Jerusalem how that was governed whether by Apostles themselves or other unfixed Elders or only by James who exerced his Apostleshipe most there and thence is afterward called Bishop of Jerusalem For the question is not whether the Church of Ierusalem was governed by all the Apostles or only by one But whether by Presbyters in common or by one Bishop above distinct from Presbyters And by this conclusion he would seem to say that there were no Elders in Ierusalem at all no Governours there but Apostles one or moe Moreover it is sufficiently proved by the Presbyterian divines that the Apostles when acting in governement together with other Elders or Officers did not act as Apostles but as ordinary Officers And also that Iames did not govern the Church of Ierus alone as a Bishop The fourth passage which he citeth is Act. 14 23. upon which he sayeth That no more is imported but that no Church wanted an Elder but not that every Church had moe Elders Ans. whether was this single Presbyter a Prelate or not If not what is this to the present question The governement may be Presbyteriall where one Minister is fixed to one particular flock If he was a Prelat where were his Presbyters under him 2. It is true 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will signify no more but Ecclesiaâ—…m Church Church but will 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifie no more but one Presbyter Had it been said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it might import but one Presbyter in one Church Or yet if it had been said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must needs import more Theodoret knew the import force of that phrase when he rendereth the like passage in Tit. thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Presbytery in each city The last passage which he citeth is Act. 20 17. There is no certainly sayeth he whether these elders came only from Ephesus or also from the severall Churches â—…f Asia about Ans. Upon what ground can he once think that the elders of Asia may be understood here He hath none other but this that it is said v. 18. that from the first day he came into Asia he had been with them at all seasons because he did not remaine all that time at Ephesus as appeareth Act. 19 20 22 26. But this cannot so much as ground a probability for it is certane the most part of his abode was at Ephesus for full two yeers three moneths are specified Act 19 8 10. the rest of the three yeers if there be not roâ—…ndatio numeri here he might now then have visited other parts have most of his residence at Ephesus heither reaching in the Synagogue nor in the School of Tyrannus where he had taught two yeers three moneths so granting that he might have made some visits unto the other parts of Asia durâ—…ing these Nine moneths yet he might well say to thâ—…se of Ephesus That from his first coming into Asia they had known after what manner he had been with them againe it will not hence follow that others then these of Ephesus were there more then from these words v. 25. Yâ—… all among whom I have gone preaching the Kingdome of God it will follow that all the people he had preached unto both in Ephesus in other places of Asia minor Asia propria were present But whom can we expect to have been there except such only who were sent for viz the Elders of the Church of Ephesus therefore they are called the Elders of the Church not the elders of the Churches as they would have been called if the Elders of the Churches had been there present as we hear of the Churches of Iudea Galilee Samaria Act. 9 31. of the Churches of Galatia Gal. 1 2. Churches of Asia 1. Cor. 16. 19. of Maâ—…edonia 2 Cor. 8 1. of Syria Cylicia Act. 15 41. so would we hear of the Elders of the Churches of Asia But there is no such thing only there is mention made of the Elders of that one Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To conclude this himself sayeth cap. 7. § 2. pag. 349. That this flocke Church were the Christians of Ephesus that all these spoken to were such as had a pastorall charge of this one flock Thus it hath been showne how weak the ground is upon which Mr Sâ—…illing fleet walketh how litle reason he hath to conclude his notion from these passages which he hath mentioned furder the groundlesnesse of his conceite will appear if some two or three passages of scripture be but viewed which he hath passed by without once noticeing unto which the answers which he was pleased to give to others will not quadrate as 1. That place 1 Cor. 5. If any look thorow that epistle they shall easilie see that there were many preaching Presbysers in that one Church here Cap. 5. they are about a work of excommunication so are endued with episcopall power
In this Chap. the Apostle speaketh to them all alongs in the plurall number Mr Stillingfleet who is no friend to the independent way will easily acknowledge that what is there said was spoken to the Church Governours So then Mr Stillingfleet must say that these Governours were Presbyters of that one Church ruleing it together communi corsilio And that they can not so well be understood of Bish. for one Church should have but one Bishop So then here is a place which cannot be understood alike of both but must of necessity be understood of a Presbytery of a Presbytery having full Episcopall power in the matter of jurisdiction what Mr Stilling fleet will reply to this can hardly be conjectured A second passage is Phil. 1 v. 1. where mention is made of Bishops Deacons now these Bishops could not be Bishops properly so called in opposition to as distinct from preaching Presbyters Because of such Bishops there can be but one in one Church at once therefore they behoved to be Presbyters endued with Episcopall power having the thing as well as the name Presbyters of that one Church So that this passage cannot be equally understood of both with any shew of reason A third passage is 1. Thes. 5 12 13 14. Where there are some mentioned who were labouring among the people were over them in the Lord these were to warne the unruly c. So that in this one Church there were severall Presbyters Presbyters endued with power of warning the unruly Mr Stillingfleet cannot imagine any colurable pretence whereby without much apparent incongruity this passage may be understood of either of the different formes And seing this ground faileth here we may for all which he hath said to the contrary arrive to such an absolute certainty of that course which the Apostles took in setling Churches So much for this observation 6. It may be observed That Presbyterians have more then the practice of the Apostles even their positive institutions in these few particulars 1. In ordaining instituting such such Officers as Pastours Doctors Elders Deacons as may be seen Rom. 12 v. 6 7 8 1 Cor. 12 28. Ephes. 4 v. 11 12. In all which places there is no mention made of a Bishop distinct from a preaching Presbyter If Mr Stillingfleet say according to his principles that there was no necessity of making mention of him particularly because he is no distinct officer from a Presbyter but only impowered by the rest as their Commissioner Beside what hath been replyd to this formerly this may be added here That if this be truth which Mr Stillingfleet affirmeth he hath wasted much paper and paines in vaine when he went about to prove that no certanety of the practice of the Apostles could be come at whether they did set up episcopall or Presbyterian Governement for these should not be two distinct Governments And he had a shorter cut for Answering all the places of scripture then the way was which he took Yea he might have spared his whole book given out this one Thesis for all viz Though Presbyterian Governement be Iuris Divini yet the Presbyters may lawfully intruste one of their number with some speciall piece of the exercise of jurisdiction ordination And then he might have had more to say upon the ground of prudence or the like for himself then now he hath But it is not good to be wise above what is written it is best wisdome prudence to follow the rule of the word But more over 2. They have the Apostles institutions concerning the qualifications of these officers as is to be seen in Paul's epistles to Timothy Titus 3. These officers are commanded to such such pieces of work Some to rule some to teach also some to take care of the poor 4. These officers are commanded to attend that work of theirs with all diligence in their own proper persons without rolling it over on others Rom. 12 6 7 8. The Minister is to waite on his Ministery he that teacheth on teaching he that giveth is to do it with simplicity he that ruleth is to rule with diligence 5. In matters of discipline juridiction they are commanded to Act joyntly for the officers of the Church of Corinth were appoynted to conveen together that they might deliver the incestuous person unto Satan 1 Cor. 5 4 5. So the brethen the officers of the Church of Thessalonica were exhorted to warne the unruly Now lay all these together Such such officers set to such such work appoynted to attend the same ordained to Act joyntly in matters of government there is a species of Government a species warranted by Divine institution viz by Apostolick commands for these positive commands are of a lasting nature till God repeale them againe Himself giveth some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Marks whereby to know when positive lawes binde immutably the first whereof mentioned Part. 1. c 1. § 6. Part. 2. c. 2. § 2. Is usefull here viz. when the same reason of the command continueth still Now let Mr Stilling fleet show if he can what reason could plead for Ministers acting collegiatly in matters of discipline then which will not be of force now was there lesse of the spirit then nor is now Or was there fewer able fit men for to be Bishops then nor is now Or was there lesse care to have things done orderly exactly or shall we say that all these commands were for that age of the Church only If so there is an easie way found to cast all the commands injunctions of the Apostles though they were induced with the spirit Shall it be thought that the command given to the Church officers of Corinth to conveen to excommunicat did binde them only at that time if so there should be a wide door opened to much evil a way prepared for laying aside all the injunctions instructions of the Apostles as now uselesse as an almanack out of date Enough of this consideration Obs. 7. It would seem to be a great reflexion upon Iesus Christ who was faithfull to him that appoynted him that as a sonne so beyond Moses who was faithfull as a servant Heb. 3. 2 5 6. To say that he hath not appoynted a standing forme of Governement in his house Mr Stilling fleet replyeth Part 2. c. 4. § 1. 1. That then it must be made appear that the setling of this forme was a part of his mediatory work Ans. This may easily be made to appear for it did belong to his Kingly office so was a part of his mediatory work as well as his instituting of officers in his house as Mediator the Government is laid on his shoulders Isa. 9. 6. And all power in heaven earth was given to him Mat. 28 18. He addeth I grant he is King of the Church doth
been already said Obs 8. Mr Stilling fleet is not well pleased with such as lay any weight upon the former ground mentioned viz Christ's being obliged there unto by his office as mediator King Lord of his house would have them rather proving that Christ hath determined a forme of Governement then that he ought so to have done Therefore we shall shew that Christ hath so done indeed And what the Apostles did at his command or by vertue of the commission he gave unto them will easily be granted to be equivalent But to passe this Christ himself hath laid down the maine ground foundation of a species of governement in Math. 18 ver 15 16 17. For there he is setting down a course for the removing of scandalls that will fall out among his Disciples followers ordering the matter so that when privat meanes will not gaine the offending brother more publick meanes must be used he must be brought unto the Church judicature that Church judicature hath power to excommunicat him if so be he heare them not as to the removing of the scandall It is true many parties endeavour to presse these words for their own use but it will not hence follow that therefore these words are incompetent to determine any one forme for if this ground be relevant much of the scripture should become incompetent to determine matters of faith doctine because severall parties labour to wrest the same to their own judgment It would be tedious here to examine the clames of all parties unto this place the present work is only to deal with Mr Stillingsleet therefore only his notions concerning this place must be examined Concerning this place then he giveth his judgment 2. part cap. 5. § 8. first he taketh the trespasses mentioned to be matters of private offence injury not matters of Scandall his grounds are these 1. The parallel place Luk. 17 ver 3. is to be understood of privat injuries because it is in the power of each privat person to forgive them Ans. So said Erastus before him but after narrow search it will be found that the forgiving mentioned in the Text Math. 18. is a desisting from any further prosecution of the bussinesse a forgiving which must not be granted untill the brother be gained But whether the offending brother be gained or not all private injuris must be forgiven him none must keep up a Spirit of revenge against him And therefore these trespasses must be matters of Scandall which unlesse the offending brother be gained must be prosecuted untill the yondmost step be used 2. He sayeth It appears from the next words of Peter ver 20. This is another of Erastus's shifts But for answere It will not appear till Mr Stillingfleet first cleare that there is such a connexion betwixt these verses as will undoubtedly demonstrat that one purpose is to be understood in Both. But commentators shewe the matter to be otherwise indeed there is nothing that can so much as ground a probability of such a connexion here unlesse it be these words Then came Peter to him but whosoever shall look on Luk. 8 v. 19. shall have the like thus Then came to him his mother c. And yet this was not immediatly after what was said before as will appear when compared with other Evangelists And so since it is not certaine that this was immediatly after the former purpose no reason can be given to evince the identity of these purposes 3. He sayeth If it were meant of any scandalous sin it might so fall out that matters of scandal should be brought before the Church when only one person knowes it Ans. It is not said that every such scandall or trespasse whereof only one is conscious should be brought in publick but that more noture scandalls ought to be brought before Church judicatures when more privat admonitions will not gaine the offender But 2. This inconvenience will recurre upon himself in the case of privat offences But next as to the word Church he sayes It is a select company called together to hear the whole cause this was agreable to the jewish practice pudefacere coram multis delictum publicare to this the Apostle alludeth 2 Cor. 2 v. 6. this is the reproof before all 1 Tim. 5 v. 20. Ans. 1. The word Church is not usually so taken in the New Testament the Hebrew words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Old Test. do alwayes import a company imbodied in a stated way as a fixed congregation either for governement or Worship Mr Leigh in his Critica sacra sayeth that among the Grecians chiefly the Athenians from whom it came it was used for a multitude called together by the command of a Magistrat 2. Christ sayeth tell the Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so directeth them to a fixed standing company 3. That pudefacere coram multie being the same with 2 Cor. 2 6 the censure of many confirmeth this For that censure was by a Church judicature conveened in the name of the Lord Iesus to take course with a scandalous person 1 Cor. 5. Againe 4. No commentator taketh the words so only Grotius other Erastians put such a glosse upon them 5. Christ's scope is to have the offending brother gained not to have matters of fact which are questionable cleared 6. If this be the meaning of the word Church what shall be the sense meaning of these words Let him be unto thee as a heathen man a Publican He answereth Tho meaning is look upon him as an obstinat refractary creature meddle no more with him then with a heathen a publican And is this all the punishment which the offender must meet with Who gave privat men this power to passe such a sentence But 2. This must be a Church sentence because it is added Whatsoever you shall binde on earth shall be bound in Heaven c. To this he replyeth That the meaning is it is an evidence that his sin is bound upon him that he is lyable to punishment But how is his sin bound upon him or how is he made lyable to punishment There must be something done on earth which God must ratify in Heaven on earth there is none to do any thing but either the pursuer himself or the select company It cannot be the pursuer for that were a dreadful intolerable slavery to subjecte every man to the lust of his enemy pursuer If it be the select company how or whence have they this power If they be cloathed with authority then are they a judicature this is the thing pleaded for And thus it appeareth that scandals are here understood that this Church is a Church judicature notwithstanding of all which Mr Still hath said to the contrary which is but the very same which others had said
before him which was sufficiently answered by worthy learned Mr Gillespy in his Aarons rod blossoming though he will not so much as once take notice of his replyes The ancients did so understand the place particularly Orig. Tract 6. in Mat. But that it may be cleared how there is a foundation here laid down for a way of removing of scandals by Church officers in communi associated together in a judicature so how there is a way laid down for presbyterian Government let those particulars be considered 1. From the beginning of the chapt the Lord is speaking of scandals first of scandals given as is clear v. 6 8 9. after he hath used some arguments to presse his followers to beware of that evill he cometh v. 15. with an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which may be rendered but if thy brother to another case about the same purpose or head viz. to cleare this question what shall be a christians carriage when his neighbour stumbleth or offendeth him by his unchristian carriage in his ordinary walk So Galvin Aretius others so he is speaking of reall scandals for 1. They are Brethren or Church members with whom this course must be taken 2. The offending brother is to be rebuked or convinced of his fault 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 importeth such a convinceing as ' is for sin Ioh. 8 9 46. so the LXX use it Lev. 19 17. where sinnes scandals are spoken of 3. He sayes if he hear thee not if he repay thee the wrong he hath done or if he be reconciled 4. Then he is gained now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Stillingfleet himself confesseth is used for conversion turning others from sin 1. Cor. 9 19. 1. Pet. 3 1. compared with Iam 5 20. Hence 2. It would be considered that the Christian's scope in this bussinesse should be to gaine the man's soull for this cause he is to assay all calme peaceable gaineing private meanes to bring the offending brother to conviction acknowledgment of his fault so first speak to him alone then take some others with him to be witnes both of his Christian carriage towards him in desireing to have him gained of his unwillingnesse to be gained that so they may bear witnesse of both unto the Church judicature 3. When privat means do not worke he is to be delated unto the Church judicature for the person offended must tell the Church What Church He must tell that Church unto which the witnesses will be usefull that is a judicature for to that witnesses have a relation That Church which is able to convince if any do it That Church whose sentence is the last remedy Thâ—… Church which hath power to binde loose That Church which hath power to binde loose with a promise of the ratification of what they do in heaven That Church which hath the keyes Mat. 16. power authoritatively to pardon retaine sinnes Ioh. 20 23. That Church which hath power to pronunce that sentence after which the man is to be looked upon as a heathen a publican 4. And when this Church judicature can not get him convinced they must passe a sentence upon him this sentence is the sentence of excommunication as learned Mr Gillespy hath abundantly shewed Aaron's rod. book 3. c. 2. 3. Hence it is clear 5. That here is set downe the way of taking away Church scandalls by inflicting Church censures And this by Christ's appoyntment is not to be done by any one person but by the Church officers in communi collegiatly for it was never heard of to this day either in sacred or prophane writtings that one man was called a Church or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And this is a good basis for Government yea for presbyterian Government or the Government of the Church communi consilio presbyterorum here there is not only a foundation for graduall appeals as himself confesseth here though part 2. cap. ult § 8. he would say that presbyterians found their subordination of courts Upon the principles of humane prudence for Church censures for the lawfull use of excommunication as he confesseth also But also for the species or modell of Government Or for the manner of the constitution of the judicatures which should excommunicat take notice of Church scandalls for it is called the Church so cannot be meaned of a prelat who is no where so called and yet arrogateth to himself all the power of jurisdiction But Mr Stilling fleet hath two arguments whereby he endeavoureth to prove that Christ did never intend to institute any one forme of Government in the Church part 2. c. 4. § 4. 5 6. c. This is a great undertaking and his arguments must needs be very strong but whether so or not the reader may judge The summe of the first is this If there be any such institution of Christs as a standing law it must either be expressed in direct termes which cannot here be showne Or deduced by a necessary consequence and no consequences can make new institutions but only apply one to particular cases And then the obligation of what is drawne by a necessary consequence must be expressed in scripture Ans. It hath been showne that the practice of the Apostles was for a forme of Government and from their practice a law may by necessary consequence be drawne considering their place office how they were sent forth to plant Churches to set up officers to appoynt unto each of them their proper work c. And for this cause were endued with extraordinary qualifications assistence confirming their commission by many signes wonders And this carryeth an obligation in its bosome There hath been showne also a standing law of Christ's from which a forme of Governement may be deduced a standing law about the removing of scandals which will found a species of Governement by Church officers in common as well as appeals Church censures excommunication from thence there is an obligation for the one as well as for the rest 2. But if all this will not satisfie let Mr Stilling fleet satisfie himself with the standing obligation of the moralitie of the first day Sabbath he shall with all satisfie himself as to the standing obligation of the moralitie of a species of Church Governement He can produce no law for the first day Sabbath but a law deduced by necessary consequence without any obligation expressed in scripture concerning that which is so drawn by consequence if this be enough in the case of the first day Sabbath why not also in the case of Governement If he say in the bussinesse of the Lord's day there was only an application of an institution to a particular case It is Ans. So is it in the matter of Church Governement for there was a law for a Governement in genere this law drawn by consequence from the
practice of the Apostles primitive Church is but an application of that generall to a particular species of Governement His second arg is this All the standing lawes respecting Church Governement are equally applyable to severall formes Ans. Are they applyable to the hierarchie to Erastianisme to independency to Morellianisme Or only to Presbytery Prelacy If only to these two then all other formes but one of these two are utterly excluded there is no more liberty left save to make choise of one of these But what if this ground of his shall not hold He referreth all the lawes to these three heads The 1. Head is the qualifications of the persons for the office of Governement so citeth 1 Tim. 3 1 to 8. Tit. 1 5 to 10. Ans. And may it not be said useing his own words muâ—…atis mutandis that all these the rest are equally required as necessary in a Pope in a Patriarch c. As well as in a Bishop or Presbyter Yea every one may invent a number of new officers defend them with this that all these qualifications agree to them The 2. Head is The precepts requireing a right management of the work citeth Act. 20 28. 2 Tim. 4 2. 2 2. 1 Tim. 5 19 21 22. Heb. 13 17. Tit. 1 5. And addeth there is no precept in all these Epistles to Timothy Titus prescribeing whether they should Act solely or only as Consul in Senatu Ans. But if the precepts be such require such a management such work as can not with any possibility in any tolerable manner be obeyed performed by officers under such a forme then it cannot be left to the will of men to set up such a forme so is the case here The precepts are not applyable unto prelats Is one man able to exhort reprove watch over a whole dioâ—…cy his alone seing he in all probability shall never see their faces And as for delegation of Church power Mr Stilling fleet himself sayeth Part. 2. c. ult § 8. Pag. 414. That there is not the least footstep of it either in scripture or antiquity Is it possible that one man can in any tolerable manner obey these commands watch over such a number over which Two or Three hundered ministers could not get well watched God layeth not utter impossibilities on his officers So then seing these precepts are not applyable unto any other forme then Presbyteriall his Argument falleth to the ground Seing it is not imaginable that one man can rule such a numerous people watch over them by discipline over whom fifteen or sixteen Presbyteries each of them consisting of fifteen or sixteen Ministers as many ruling elders beside the competent number of ruling elders which each particular congregation had were set had all work enough more then they could well overtake But. 2. What will he do with that command 1 Cor. 5. given to the elders of that Church to conveen together for an Act of discipline Doth not that command concerne Gospell Churches now as much as any of these precepts in the Epistles to Timothie or Titus And how is it imaginable that it can be applyable unto one man Sure then this command is not equally applyable to both formes For a precept given to a collegiat body to meet together is not applyable to one single person The 3. Head is generall rules such as these that none preach without a call Heb. 5 2. Rom. 10 14. That offenders be censured that complaints bâ—… made to the Church in case of scandall that all be done decently in order to edification Ans Well then if it be a standing rule that complaints be made to the Church it is a standing rule that there should be a fixed Church to receive these complaints all the question is whether this fixed Church which can take notice of complaints inflict Church censures excommunicate can as well be understood of a prelat as of a body of Church officers incorporated And if Mr Stilling fleet can be able to show that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is or may be taken for one single person then his notion will be more able to stand But if not of necessity it must fall to the ground Obs. 9. It is worth the considering how weighty a bussinesse the matter of the Governement of the Chuch is of what great consequence it is to have it modelled aright For experience hath made it appear how much more effectuall for keeping of the Church of Christ pure from errour heresy for beareing downe of Prophanity for promoving of the work of Godlinesse in power one species or forme is then another And this may speak very much for the Lord's keeping that in his own hand not leaving it unto any Prince or Pastor to determine what shall be the species of Governement Especially considering with what byasses by-respects the most of men are ready to be carryed how readyall are to modell Church Governement so as may most suite their own ends serve most to make them great in a world And hence it hath been seen that when men leave the simplicity of the Gospell the pâ—…terne there set down they run wilde never once consult the edification of the Church or the promoveing of the work of God in souls c. But their own base ends And when men will be wise above what is written follow their own notions devices God giveth them up to delusions to more strange phancies And sad experience hath proved how dangerous it is to depart from the rule of the word in matter of discipline for by this meanes it came to passe that the Church did not only get Bishops distinct from superiour unto Presbyters but also Metropolitans after these Primats at length Patriarchs finally the Pope They followed not the rule of the word but thought that they were lest at liberty as Mr Stilling fleet doth sadly make out Part. 2. c. 7. would have the Chuch as pompous as the state so made the state Governement their copie And therefore as there was one Emperour so there behoved to be one universall Bishop Pope whom the world had never seen had not this notion of Mr Stillingfleets been in their head viz. that they might order the matter of Church Governement as they pleased best though Mr Stillingfleet make use of this as a confirmation of his notion yet it is such a proof of it as may make all tender hearted protestants tremble at it reject it as being the very thing which raised up Antichrist Obs. 10. Mr Stillingfleet is pleased in the last Chapt of his book to gather together some expressions of Divines at home abroad in France Germanie the low countreyes as favouring his purpose which to examine a work of this nature will not suffer any who will may do it
possiblie shall finde some unfaire dealing However unto these whom he cirâ—…th it will be sufficient though he had foure for each one to oppose the testimonie of Churches which may be seen in the harmonie of confessions whose testimonie is of much more authoritie then the testimonie of Twenty privat divines moreover he well knoweth that of privat divines many are against him for one who is for him Obs. 11. He telleth the reader in his preface that he doth not write to increase the controversies of the times nor to soment differences but his designe is to allay the heat abate the fury of that ignis sacâ—…r or erysipelas of contention so all alongs in his preface he would make his reader beleve that he designed nothing but peace accordingly he intituled his book Irenicum a Weapon-salve for the Churches wounds No man must search his heart or judge in those matters but this is certane if such was his designe the meanes he hath fallen upon look not to be very suiteable thereunto how such an under taking as this shall heale the Churches wounds is hardly imaginable And therefore it may very well be stiled a Weapon-salve whose way of cureing is not very rationall or obvions to every one Yea nor naturall if many may be beleeved And this phisitian's undertaking shall never cure the Churches wounds by Sympathie what ever it may do by antipathy It seemeth to be a sad interlocuture of a judge when a plea cometh before him betuixt a rober one who offereth to produce his evidences rights for such a possession to say that all is common every man hath a like right to all may lay clame to what he pleaseth just such is this learned man's determination of the question in hand The Presbyterians offâ—…r to prove their right by the Testament of Iesus Christ to prove that prelats are usurpers his interlocuture is that neither presbyterian nor prelat hath more right then other each may take what they please If this be a way of ending controversies healing wounds it is indeed by the weapon salve of antipathy And the reader may judge whether it be not the readiest way to increase divisions contention in the Church whether or not these piles that seem very sweet pleasant to the palate may not prove â—…uell to that bilious humor which as he himself confesseth is too too predominant already Sure it is he seemeth not be a man for peace who thus hath his hand against every man every mans hand against him But if he would have united the broken divided subdivided Church he should have taken a way to have strengthened her union with the head Union in an evill cause is not good Pilat Herod can a gree in a matter against Christ such an union as this looketh rather like the fruite of the weapon salve then any thing else It is sad that he could not get this weapon salve made up without such an ingredient in it as wrongeth the head King of the Church it is an evidence of an Empirick ill skilled phisitian who cannot attempt the cureing of one desease without the causing of a worse nor make a salve to cure a wound in the body till first he wounde wronge the head Could this learned man fall upon no way to cure the bleeding wounds of the Church but such a way as in some degree measure is a putting the crown off the head of Christ Iesus who is head of the Church the scepter out of his hand for to say that he hath not setled the Governement of his own house by appoynting his own officers appoynting each of them to their own work is to say he doth not acte the part of a King Governour in the Church which is his Kingdom of how dangerous consequence this is himself may easily perceive Obs. 12. It is likewise strange that this learned man should have made choise of such an opportunity occasion wherein to vente his notion for in so doing he hath no way consulted the good edification of the Church Because he might well have known that by his book the higher powers of the land would have been much encouraged to set up the former prelaticall Government which had occasioned so much persecution unto the truely godly so much opposition to piety to the work of grace so he might well have expected to see all these evil consequences natively springing up againe to see the Church of God decaying as much if not more then ever for that is a Governem which destroyeth the very ends of Government because no man were he never so good could governe the Churches after that manner to edification He might easily see that one man could not watch over in all the duties of a watch man so many thousands or rather hundereds of thousands as by that Government he would be set over It is true he adviseth to have lesser dioeceses but still his thesis standeth many will read ponder his thesis the drift scope of his book that will never value or regaird these few lines of cautions or of advice which he setteth down in the end of his book He might well have known that the setting up of that Governement would have been as he may now see with his eyes matter of joy Gladnesse unto all the prophane rablâ—… in the land matter of lamentation grief unto the godly pious He might well have known that by that government godly pious conscientious able Ministers of the Gospell should be persecuted thrust to the door prophane lazy every way unfit men should be put in the Ministery who can do nothing else but read the service book a homily He might well have known that by that governement such as were no Church officers should have the management of discipline such as Chancelours their assistants Yea he might well have known that if that government had been set up againe the whole work of reformation should be demolished cast to ground as he may see it done to day his eye may affect his heart if he be a kindly son of Zion a lover of the work of reformation which God owned carryed on wonderfully to the Amazement of all might not these things have deterred this learned man from venting his notions when he might as easily have seen as he might have opened his eyes that the consequences thereof should have been bitter lamentation wo to the poor Church of Christ in Britaine Irland what he can pretend to counter vaile this damage is not imaginable For all his pretensions of peace union evanish at the first appearance of these destructive irremediable inconveniences And finally it is yet more wonderfull strange how this learned man hath been so bewitched blinded with his
integrity of the parliament is restored particularly act 40. the King doth faithfully promise to do or command nothing which may directly or indirectly prejudge the liberty of free voteing of the Estates of Parliament But 2. It will be objected That all this supremacy was acknowledged by the Parliament 21. Anno 1612. when the Acts of the Assembly at Glasgow Anno 1610. were ratified among which this was one that Ministers should swear the same oath which was tendered by this Parliament which is there set down Ans. It is true it was appoynted by that pretended Assembly that Ministers at their entry or admission to the Kirk should Testify declare that the King was the only supreme Governour of the realme as well in matters Spirituall Ecclesiasticall as in things temporall c. And it is true this Parliament did ratify approve this deed so that it had the force of a law But 1. There is a great difference betwixt such a civill sanction as this is an other Act of Parliament other Acts stand in force untill they be repealed but when the Church constitution which is the ground Basis of the civill sanction ceaseth the sanction ceaseth the Act perishâ—… without any formall repeall The Act ratifying approveing the deed of a Church judicature standeth in force no longer then the deed of the Church judicature standeth in force the deed of a Church judicature may be altered without any respect had unto the civill sanction or notwithstanding that the civill sanction is not formally removed because the civill sanction did follow depend upon the Church Act the Church Act doth not depend upon the civill sanction 2. It is not incumbent unto a Church judicature to determine the limites of the King 's civill supremacy far lesse to determine the same in the first place this pretended Assembly was more anxious about the King 's Ecclesiastick supremacy then the civill it was his supremacy in Church matters which was here intended by them approved by the Parliament And therefore it is added And that no forraigne Prince State nor Potentat hath or ought to have any jurisdiction power superiority preheminence or authority Ecclesiasticall or Spirituall 3. What ever civill supremacy may be supposed to be here included there is no supremacy over Parliaments acknowledged But any civill power that is here recognosced as his due is in opposition to forraigne Princes States or Potentats not to Parliaments within the Kingdom If it be said that the oath tendered by this Parliament Anno 1661. being every way correspondent unto that oath which is recorded Parliament 21. Anno 1612. can import a recognosceing of no more civill power then that Anno 1612. therefore might lawfully have been sworne It is replyed That the oath Anno 1661. is more expresse for civill power supremacy then that An. 1612. But if there had been no more then the words of the oath Anno 1661. there had not been very great ground of scrupleing at the taking thereof upon the account of the civil part for it is not the words of the oath that ground that scruple upon that account so much as the glosse put upon the words by their other acts particularly by the act for acknowledging his Maj. prerogatives which as a commentary explaineth what they meane by his being supreme governour over states civil in all causes civil Now the like of this was not done by the parliament Anno 1612. Or any other before or since that time till this parliament Anno 1661. which hereby hath put another glosse upon the civil part of the oath then ever was done before But. 3. It will be objected May not Parliaments give more civil power unto the King then he had before so enlarge even intensivè the privileges prerogatives of the crown so denude themselves of that in whole or in part which did formerly appertaine unto them And when the Parliament hath done this annexed such such power unto the crowne can it be unlawfull for privat subjects to acknowledge that the King hath indeed so much power Ans. in poynt of law it will be a very great question whether Parliaments who are but trustees intrusted by the people whose commissioners they are virtually if not expresly bound to maintaine their rights privileges may betray their trust give away the iust ancient privileges of Parliament there with the just ancient liberties of the people It will be agreat question if they at their own hand may alter the foundamentall lawes of the land without the consent of these whose commissioners they are And it will be a greater question in law if this Parliament might have sold or given away the privileges of Parliament liberties of the people seing so much in poynt of law may be objected against its being a free Parliament if the want of freedome of election in shires brughs if prelimitation if the election of such as were not capable by the foundamentall constitution of Parliaments practice of the Kingdome other informalities of that kinde may have any place or weight in the anulling of Parliaments But. 2. In poynt of conscience it is clear that Parliaments may not now give away according to their pleasure dispone of the rights privileges of Parliament for in the third article of the league covenant all the people of the land Parliaments among the rest are sworne to maintaine in their severall places capacities so Parliaments in their Parliamentary capacitie the rights privileges of Parliament 3. Though the Parliament not with standing of the bonde of the covenant should denude themselves of their privileges yet now seing every particular member of the Kingdome is sworne according to his place station to maintaine the rights privileges of Parliament they may not assent unto such a deed of the Parliament by their oath subscription approve of such a wrong for that is the least that private persons who desire to minde make conscience of the oath of God can do at such a time viz. to refuse to give an expresse clear positive assent unto such a wrong done to the rights privileges of Parliament contrary to the covenant But 4. All this is to little or no purpose for there is not the least syllabe in all the Acts of this Parliament which doth import any new deed of gift but all alongs they speak of these prerogatives as formerly inherent in the crown yea as essentiall to it hence it is that they condemne the actings of the Parliaments Kingdome of Scotland these many years by gone because done in such away as was an actuall insolent as they say incroachment invasion upon the privileges prerogatives of the crowne Obj. 4. The acknowledging of the prerogative is distinct from the oath of allegiance therefore seing they were
not put to take that acknowledgement they could not refuse the oath upon the account of these consequences contained in the acknowledgement Ans. So is the Declaration dated Sep. 2 1662. Set down as distinct from the Acknowledgement yet who ever sweareth subscribeth the Acknowledgement doth sweare subscribe the Declaration upon the matter so is it here who ever taketh the oath of alleagiance doth upon the matter take the acknowledgem also for it is not possible to see any discrepancy betwixt them save such as is betwixt the text the commentary for the acknowledgm is nothing else upon the matter then an explication or Exegesis of the oath in the acknowledgem the same thing is said assirmed in plaine full clear tearmes which is but in generall affirmed in the oath By their Acts they declare what things they account privileges of the crowne all these they comprehend under his supremacy so in their account his supremacy over all persons the prerogatives royall or privileges of the crowne are all one Therefore they could not acknowledge this supremacy because they could not acknowledge the prerogatives royall See this objection further answered above Pag. 168. In the next place there are objections of another nature which must be answered as 1. Obj. Such as refuse this oath of alleagiance declare that they are not dutyfull loyall subjects which Ministers Christians ought not to do Ans. It hath been showne at the beginning of the tenth Section what difference there is betwixt this oath the oath of alleagaince there is no Minister or Christian who would scruple at the taking of the pure oath of alleagiance Yea they would account themselves obliged to take the same if there were any necessity or just suspition of disloyalty in them which might occasion the same King Iames in his book called God the King sheweth that those treacherous persones who occasioned the frameing of the oath of alleagiance were the Pope's bloody emissaries following the principles of Rome practiseing unparalleled treacherie against King Queen Parliament among whom none will have the fore head to reckon such as did now refuse the oath as it was tendered It is the supremacy in Church state which only was scrupled at the acknowledging of this supremacy is no part of alleagiance for one may acknowledge his father to be his father though he should not say that he hath power as a father over his soul conscience one may acknowledge the King of Britane lawfull King of his dominions though he should not acknowledge him to have as much dominion power over them as the great Turk usurpeth over his dominions And therefore letnone so interpret that passage of the Apology for the ministers of England pag. 2. Where they prove that they cannot be challenged as guilty of Laese Majestie because they acknowledge that the King is defender of the faith in all causes the supreme head Governour over all persons as well ecclesiastik as civil as if they would assert that all in Scotland who do refuse this oath acknowledgement were guilty of Laese Majesty merely upon the account of their refuseing of the oath seing as hath been showne their case the case of Scotland is not every way the same though they give out this as an evidence of their loyalty yet they do not pitch upon it as proprium quarto modo unto a true loyal subject 2. Obj. Will you allow his Maj. no power in Church matters Ans. yes Even all that power which the first confession of the Church of Scotland doth allow viz. tho conservation purgation of religion the maintenance of the true religion the suppressing of idolatry and superstition as also all that which the later confession concluded by the Assembly of divines at Westminster doth allow As also as much as sound reformed divines grant unto him according to the word of God He hath power over the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 things extrinsecall that properly belong unto the outward man are common to the Church with other societies He is Custos utâ—…sque tabulae in a civill manner must have a care of both the tables of the law It were tedious here to set down all the particulars See Gillespy in his Aarons rod blossoming lib. 2. cap. 3. the CXI Propositions which are full enough to this purpose 3. Obj. Why then was this oath refused seing no more was required thereby Ans. More yea much more was required as appeareth by what hath been said cleared from their Acts actings especially from their refuseing of the sense given in by these Ministers who were detained so long prisoners in the Tolbooth thereafter banished which was large enough possibly larger then some of these who gave it afterward upon second thoughts would approve It is beyond questioning that this Parliament giveth unto the King by vertue of this prerogative as annexed to the crown far more then ever the confession of faith of that Chuch or any other protestant reformed Church did give And as they give so he taketh more as might be evidenced by his letter unto the Archbishop of York if it were now at hand 4. Obj. But whatever they assume to themselves it is not much matter Seing none 〈◊〉 put to affirme that so much power doth belong unto him the oath tendered hath not so much in it in terminis Ans. When an oath is contrived in such generall comprehensive termes as may take in much when there is no other way to finde out the iust latitude meaning of it but by their Acts actings who tender it it is of much concernment to know what sense their actions will put upon it for by their actions the true sense must be learned For it is a received known principle that oaths must be taken according to their known sense meaning of the words who tender the same because oaths were first invented for their security therefore whosoever would deal honestly Christianly in taking an oath must take it in the very sense that it is understood in by such as tender it Otherwise the holy name of God shall be taken in vaine the takers of the oath shall deal deceitfully in frustrating the end of the oath the designe of the tenderers thereof To take an oath Quatenus Eatenus in fo far will not satisfie as worthie D. Voetius judgeth de Pol. Eccl. p. 283. 5. Obj. This shienesse were good in case the oath as worded could bear such a sense as is supposed to be meaned by the tenderers But it is not so here Ans. It is certane the oath as to the part controverted is conceived in generall termes It is certane that their sense who tender it is not sound it is certane that there is nothing in the oath contradicting their sense meaning Yea it is certane that the very
oath it self as worded will take in all their sense meaning For it giveth to him a supremacy of power both over Civill Ecclesistick persones causes all persons all causes will take in both supreme Governour over all these persons in all these causes will take in a great power a very large supremacy Yea the very grammaticall construction of the oath will bear this large sense fully enough Any of understanding may easily see these three things here 1. That the King is the same way supreme Governour over Church men as he is over Civill men 2. That he is made the same way Governour in Church causes as in Civill causes And 3. That he is the same way Governour over Church men in their Church capacity or in their Church causes actions as over Civil men in their civil capacities in their Civill causes actions 6. Obj. The sense can be no other then this That he is supreme Governour over all persons what ever action they be about as if he were in a ship he should be supreme Governour over all the persons there what ever their trade or occupation were of the Governour of the ship among the rest And yet it will not follow that he is the supreme Governour of the action of guideing the ship but only that the Governour of the ship while he is guideing her is a subject And just so is it here as to Churchmen Ans. Even his supremacy over civill persons in civill causes is much to be questioned as hath been said But to wave this here their Acts deeds which are more authentick interpretations of the oath then any privat conjectures speak some other thing were the oath worded thus he is supreme Governour over all Persons this objection would have some colour but when it is said in all causes yea in all causes all is wrong Next it is certane from what hath been said Sect. 10 11. that they intend more as to the civill part then that he is supreme Governour over civill persons that they remaine subjects while about civill Actions For he is made supreme Governour over civill persons in civill causes And must it not be so likewise as to the Church part seing the oath puteth no difference lesse or more betwixt them 3. One maine end of the oath was to shoulder out the Pope his power this was an immediat cognition of Church affaires a power not only over persons but over causes And what was taken from the Pope with the one hand was devolved on the King with the other 4. The simile is a plaine dissimile as it is set down but make the parallel run thus There is a forraigner within the ship challenging power of making lawes to all persons within it particularly to the pilote power of judging him in his actions as pilote betwixt whom the Prince the debate cometh to that height that he is ejected to the end he may never be re-admitted the Prince imposeth an oath upon all within the Vessâ—…ll particularly upon the pilote seamen That they should acknowledge him to be their only supreme Governour in all their actions causes And then any of ordinary capacity may discerne whether or not the pilot be not bound by his oath to acknowledge some thing more then that he is a civill subject while he is about his calling work But all this is to no purpose now seing their Acts actings make the bussinesse clear enough as is shown above 7. Obj. Where a Civil Magist. is affirmed to be Govern of his dominions by common intendment this must be understoodof a civil government may not be extended to that of another kinde Ans. With all due respect to the reverend author of this reply viz. Bishop Vsher in his speach concerning the oath of supremacy in the Starre Chamber in Irland This doth not satisfie because by the same reason might one who were clear for the primacy of Scotland lawfully swear that the Archprelat of Saint Andrews were supreme Governour of Scotland over all persons in all causes because by parity of reason when the governement of a Church officer is spoken of by common intendment this must be understood of an Ecclesiastick governement may not be extended to that of another kinde And yet no doubt this oath would be scrupled at notwithstanding of that common intendment But 2. Their acts deeds destroy that common intendment respect must be had to their intendment not to the common intendment 3. Even as to this common intendment in respect of the civil part it hath been showne what just ground of scruple there was 8. Obj. No other thing can be understood for he is capable of no more the predicat can agree no further to the subject then its capacity will permit Ans. This is a shift for Children but for none else For. 1. Such subjects are seen to assume to themselves more then they are truely by any law of God capable of 2. By this meanes one might swear that the civil Magistrat were Head husband King saviour of the Church without all hazard of perjurie for these predicats can agree to him no further then he is capable As also one might lawfully swear that the Pope were supreme civil judge of the King's Dominions yea swear the greatest untruths imaginable but such Salvo's will prove too narrow to cover perjury in the day of accounts 3. Oaths are the end of controversies but this oath should then decide no controversie For the King's power should be as uncertaine as ever it was for all this oath 4. The question is not so much what power doth really appertaine unto the civil Magistat but another thing founded on this viz. what power may one lawfully say swear doth indeed belong to him And will any be so prophane grosse as to say It may be acknowledged by oath that he hath more power then indeed he hath Such like metaphisicall distinctions will not defend from the wrath of God in the day when he shall be a swift witnesse against all false swearers 9. Obj. Is it faife to contend with heigher powers about such things bring on such sad sufferings Ans. Christians should be most taken up with duty should not value sufferings They should buy the truth by no means sell it this matter under debate is no small bussinesse whatever some may think Not to mention here the sad consequences of this oath as to the civil part thereof if the Ecclesiastick part therof be only noticed it will appear to be a matter of greater moment then every one will beleeve as may appear from the reasons mentioned Sect 12. Men who would be accounted loyal subjects unto a King of clay will think it their duty to stand contend for a small inconsiderable bit of a thing going under the name of
their own belly not the glory of Christ. And how well this agreeth unto those men now spoken of any who know them may judge And therefore seing it is their designe intended work to deceive the hearts of the simple by their bold consident assertions to cause them beleeve things contrary to the Doctrine which they have already learned received it must be a necessary duty for poor simple people to avoid such So the Apostle writting to Titus cap. 1 14. forbiddeth to give head to jewish fables commandements of men that turne from the truth who are these who teach such things See v. 10 11. unruly vaine talkers deceivers teaching things which they ought not for filthy lucres sake It cannot then be lawfull to obey this act So writing to the Philippians cha 3 2. He sayeth beware of dogs beware of evil workers beware of the concision by whom the false teachers of these times are to be understood Now he commandeth to beware of those that is shun them forbear to hear them follow them not And againe v. 17 18 19. he sayeth Brethren be followers together of me Marke them which walk so as ye have us for ensample for many walk of whom I have told you oftin now tell you even weeping that they are enemies to the crosse of Christ whose end is destruction whose God is their belly who minde earthly things So he would have them following such as taught as he did walked as he walked not such as were enemies to the crosse of Christ And certanely when Paul would have the Ephesians cap. 4 14. No more carryed about with every winde of Doctrine by slight of men cunning craftinesse whereby they lie in waite to deceive he would not have them following or attending the Ministerie of such concerning whom the question is So when he willeth the collossians cap. 2 v. 8. to beware least any man spoile them through Philosophy and vaine deceit after the tradition of men after the rudiments of the world and not after Christ he would not have people give obedience unto this Act to attend the Ministery of such who teach false Doctrine By slight cunning craftinese whereby they lie in waite to deceive seek to spoile people of the truth by their Philosophie such as it is vaine deceit after the traditions of men not after Christ seek to beguile with enticeing words So in his first Epistle to Timothie cap. 4. v. 1 2. He sayeth that in the later times some shall depaire from the faith giving head to seduceing spirits speaking lies in Hypocrisie having their consciences feared with a hote yron It must then be hazardous most dangerous to give head to such seduceing spirits as speak lies have their consciences seared with an hote yron as being the cause of departing stom the faith so that such as will guaird against departing from the faith would take heed whom they heare So in his second Epistle to Timothie cap. 3 v. 5. he speaketh of some whom he would have all honest people turne away from these he describeth first from their corrupt conversation v. 2 3 4 5. thus men shall be lovers of their own selves covetous boasters proud blasphemers disobedient to parents unthankfull unholy without naturall affection false accusers incontinent fierce despisers of these that are good treatours heigh minded heady lovers of pleasures more then lovers of God much time needs not be spent in shewing how fitly all these agree unto the persons now spoken of such as know them can best judge But then secondly he describeth them from their Doctrine v 6 8 13. They creep into houses and lead captive silly women us Iaâ—…es and Iâ—…mbres withstood Moses so do these also resist the truth men of corrupt mindes reprobat concerning the faith evil men and seducers all which particulars without contradiction agree to these now spoken of And therefore the Apostle's command standeth in force from such turne away By all these passages It is clear that the Ministerie of false corrupt teachers should not be attended 7. If it were lawfull to hear these in obedience to this Act it would be also lawfull upon an Act to attend the Ministerie of Anabaptists Antinomians Socinians Arminians or Iesuits And if it would not be lawfull to do this no more can it be lawfull to attend the Ministerie of these in question who seek to pervert the right wayes of the Lord labour to subvert the simple people to turne them away from the truth 8. Such as their Doctrine is such are the prayers not only stuffed with errour but larded with blasphemy as might easilie be shown were it fit here to mention what their expressions are As their Doctrine tendeth to reproach the work of reformation the power of godlinesse so do their publick prayers as such as hear them can showe They pray for a blessing on the prelats under the name of Reverend right Reverend fathers on their wayes courses which God will curse blaste not to mention their unsound parasitick expressions concerning the King's supremacy calling him head of the Church c. Now seing tender consciences can not joyn with them in those prayers how can they attend their Ministerie Are not all present bound to joyn in prayer with them who should be the mouth of all the congregation unto God pray with them when out of the corruption of their heart they ordinarily utter expressions savouring of blasphemy errour can godly tender consciences goe alongs with them And seing they cannot how can they be bound to attend their Ministerie There are snares in Prayer no lesse then in preaching Yea particular persons concurre more with the minister in prayer then in preaching there fore they may more saiflie hear errour preached then joyne in an erroneous prayer for in the one they are purely passive But in the other they are some way active therefore unquestionably there is sin in constant attending the Ministerie of such with whom if they concurre in prayer they must sinne 9. Yeelding obedience unto this Act were upon the matter a consenting unto the great incroachment made upon the privileges of the Church The Church hath this power privilege from the Lord to make choise of her own officers as the frequent examples thereof in the dayes of the Apostles do cleare this would be the greater sin now after the Lord hath graciously delivered that Church from that yoke put her in possession of her power privileges after that the power of patrons which was a piece of cruell bondage oppression unto the Church is removed to consent againe unto wreething of that yoke about her neck were no small transgression And it is clear that the attending of the Ministerie of such must be an accepting of them as Ministers lawfully called notwithstanding that they want the election of
the people have nothing for their warrand but a presentation from the patron And so this would be nothing else upon the matter but a consenting unto this incroachment And a joyning with such as wronge spoile the Church To say that people in that case should protest against these incroachments so exonere themselves were to put them to run their heads against a wall next their refuseing thus to obey the act is upon the matter a protestation if after their protestation they were bound to hear them attend their Ministerie they should undoe their own protestation by their after carriage for by their protestation they declare that they cannot look upon them as Ministers having a lawfull call according to the lawes of Christ by their after carriage in constant attending of their Ministerie they should declare to all that they owne them as lawfully called Ministers And thus their practice should belie their protestation Nor will it be of any force to say that their fore-fathers did submit unto the Ministerie of such as had no other call but the patron's presentation For there is a vaste difference to be put butwixt a time wherein the Church is advanceing in a course of reformation a time wherein she is declineing slideing back from that degree of reformation unto which she had already attained In a time wherein the Church is but coming out of darknesse the day is but begining to break up many things may then be comported with tolerated which may not be submitted unto after the Church hath gotten all these abuses reformed Every beleever every Church is bound to stand fast in that which they have attained unto not to cede in a hoof So that Christians living in a time wherein the Church is but begining to wrestle up from under the heap of errour corruption may be allowed to do many things which must not be done when the noontide of the day is come In the time of the reformation begun by Luther others many things might have been comported with in the Church reformation being a graduall motion that hath but small beginings riseings which now since the reformation hath been carryed on through the blessing of God to that degree it was advanced to cannot be allowed When God hath wonderfully by his mighty power out-streached arme brought a Church to a great length in reformation it will be the duty of that Church of the members thereof to adhere to that degree unto which they have attained with all perseverence It will be lawfull for the Church which is but coming up the hill to stand at such a step untill they gaine another when yet it will not be lawfull for the same Church to goe backward after they have advanced The truth once bought should never be sold so then the consequence is null Their fore-fathers stumbled not nor did scruple at the doing of such or such things therefore these in this generation who have advanced through the blessing of God unto a further degree of reformation should not scruple either It is a poor consequence to say The posterity may return backward because their fore sath Is could not advance further Much more may be seen when the sun is up then in the twilight Therefore the scrupleing of honest people now doth no way condemne their fore-fathers But on the contrary the stedfastnesse of their fore-fathers in standing to the degree to which they had reached their endeavouring to advance will condemne this generation for backsliding In their dayes those abuses corruptions were not remedied the Church was not then freed of that yoke of oppression And furder their after consent unto such Ministers made up this defect But those in this generation are not at liberty to give or grant their after consent because they are engadged to stand to the work of reformation to owne it in all its parts whereof this is one vis the putting away of the usurpation of patrons the putting the Church in possession of her own privileges this they must owne upon any hazard if they would not betray their trust The right way of Election was not setled by law in their fore-fathers dayes so they were groaning under that oppression constrained to make the best of that ill bargan they could But it were utterly intolerable for those in this generation to consent unto the wreething of that yoke which hath been once loosed from their Lawes about their necks againe Nor will it be of any force to say within few ages yea or yeers such a thing as this will never be scrupled at for if defection be carried on with as great vehemency as it hath been these few yeers by past it is like grosse popery shall not be scrupled at ere long except by such as now do scruple to countenance these intruders And what ever the following posterity may be allowed to do to prevent worse it will plead nothing for these in his generation because it is their part to stand in the gap leave their dead bodyes there rather then give way unto any degree of defection which may cause posterity to curse them More is expected of a standing army then of stragling souldeours these may make some shift after the army is broken to get as good quarters as they may when it were basenesse utterly unlawfull for any to do so while the army is unbroken Small things should be stood at in the time of the begining of an apostasie when the watters of corruption are begining to break in the least hole should be stopped watched over 10. By giving obedience unto this act they should upon the matter iustifie approve of consent unto the violent cruell thrusting out of these whom God had setled in those places whose labours he had blessed thus they should consent unto this terrible act for persecution of the godly faithfull Ministers of the Lord And therefore they could not do it in conscience The antecedent is cleared thus Because to imbrace encourage such were to approve of the ground upon which they enter that is their complyance with the sinfull defection their submission obedience unto the sinfull injunctions of the time And what were that else but a condemning of the honest Ministers who could not in conscience so comply nor submit an approving of the sad sentence gone out against them He who willingly submitteth unto an usurper accepteth of him as a lawfull superiour by yeelding all active obedience doth thereby declare that the right of the usurper is good better then his right who is outed by the usurper or he doth what in him lyeth to make it so 11. It may be questioned as to some of them whether they be Ministers at all or not for as they have not the qualifications required by the Apostle neither as to life nor abilities
in all ages who through persecution being thrust from one place went preached the gospell in another both in the time of the first ten persecutions through occasion of which the Gospell was spread far thorow the world at severall times since The honest servants of Christ in Queen Mary her dayes went abroad preaching the Gospell So did the zealous servants of Christ in Scotland when banished or compelled to flee preach in England â—…rance Holland without any new ordination or any thing like it 7. There is some necessitie lying upon them to preach as occasion offereth that they may not stumble the poor ignorent people who upon their silence are ready to think that the civil Magistrat hath power to depose Ministers formally And therefore if there were no more but this it were enough to provoke them to preach that the world might see that they put a difference betwixt the power of the Magistrat the power of the Church And that when they submit unto the Magistrat keeping within the compasse of his calling exerciseing that power which formally agreeth to him though he should mistake as to the application They will not submit any further to the wronging of the privileges of the Church And so will let the world see that they are still Ministers of the Gospell though banished from their particular flocks 8. Their silence in such a case would be stumbling unto others who look upon it as an evidence of fainting fear in them who dar not open their mouth nor appear for Christ speak to the edification encouragement of sufferers least it offend the Magistrat And when such are so faint-hearted how doth it discourage others strongly prevaile with some to goe over the belly of their own light conscience yea moreover it hardeneth the wicked in their evil courses encourageth them to persecute more more when they see such fainting discouragment among the followers of Christ. So then when these particulars are considered It will be found that such Ministers do but their duty that they would come short in their duty if they did not so preach the Gospell If it be Objected here That to preach in such a disorderly way would be a breaking of the established order of the Church viz. a preaching within such a Bishops dioecy without his license so it would be a course not approved by the God of order It is Answered 1. That ceremonies or matters of mere order must be passed by in times of necessitie such as this is 2. Such an established order as tendeth to the ruine of religion is but iniquity established by law for that is not an order of God's appoyntment which is destructive to the maine bussinesse viz. the edification of souls therefore such an order which is to destruction not to edification is not to be regairded 3. Where is there any warrand for such an order or appoyntment in all the Gospell Did the Apostles ever aske liberty from the corrupt Clergy among the Iewes to preach Christ in such or such a place Where is there any warrant for such as are Ministers called of God ordaâ—…ned to suspend the exercise of that function till they have the license good will of a prelate This is that popish leaven which the former English Prelats had from Rome preaching the Gospell is immediatly commanded to all who are Ministers there is not the least syllabe for their going to a Bishop who is nothing else but a creature of man to seek license And certanely none can think that these Ministers might have gone to the prelat to obtaine liberty seing that would have been a cleare acknowledging of them their power contrare to their vow covenant So then it was better to take the way of the Apostles c to obey God rather then men to preach at God's command when man forbiddeth as well as to preach truth when man commandeth the contrary seing he hath no power from God for that effect more in the one case then in the other 2. It may be possibly further objected That how ever they remaine Ministers so may preach as they have a call yet to seek corners hideing places to preach in to separated congregations cannot be allowed in a constitute Church Ans. If they be Ministers of the gospell they may lawfully preach the gospell where God in his providence giveth them a call to preach 2. Since they cannot have liberty to preach the gospel in publick they may must do it in private when the necessity of the people calleth for it Christ his Apostles did not alwayes get the publick places to preach in but were content of privat roomes Many a time did Christ preach by the sides of mountaines by the sea side in such by-wayes And so did the Apostles Paul could get no better at Ephesus then the school of Tyrannus and two full yeers he preached in his own hired house at Rome Act. 28 30 31. therefore this practice of theirs cannot be condemned for 3. As the Church was then in fieri so is it now in a decaying condition therefore though it were granted which is not yet clearly proved that in a Church rightly constituted such private preachings were not lawfull yet when a Church is fallen from her right constitution is upon the decaying hand at without all doubt the Church of Scotland is this day many things may be allowed as they are in a time when the Church is but in fieri as to this particular in question a time of persecution as this is is alwayes excepted so that it is lawfull enough now so long as this persecution lasteth to preach the gospell in private when no liberty can be had to do it openly 4. These Ministers are gathering no separated congregations but only preaching to all who will come hear the word of truth in such quiet retired places where they may get it done most saifly may be most free from distraction trouble of their enemies who are waiting to finde them out that they may haile them to prisons Who then can condemne their cariage in this 3. If any should further object say That this would be an open contempt of the Magistrat's lawfull authority disobedience to his lawfull commands For though it be true that he cannot take away the office of a Minister or the power of order so degrade him yet he may take away the exercise of his Ministeriall function at least he may discharge the exercise of the same within any part of his Kingdome or dominions Ans. Whether there be such an expresse prohibition or not is not certanely known nor whether or not the objection doth suppone that the Magistrat's Act of banishing of them out of their own parishes or out of the bounds of their respective presbyteries doth include a discharge of exâ—…erceing the Ministeriall
officers of his owne appoyntment Who then can acknowledge such a court not with all consent unto this intolerable incroachment upon the privileges of Christ his crowne justling of our Lord out of his rights is not this the fountaine of all disorder confusion tending in end to the utter overthrow of all Church discipline to to the totall overturning of the Established order of Christ's house can any acknowledge such a court seing such sad consequences will follow thereupon 4. In this judicature ecclesiasticke persons have power of civill matters civill punishments for the court hath power to fine coâ—…fine committ and incâ—…rcerat for contraveening the Acts of Parliament But that Church officers should medle with civill matters is diametrically opposite unto Christ's word Mat. 20 25. Luk. 22 25. where he forbiddeth all the exercise of any such power as was exercised by Kings and civill powers on earth saying the princes of the gentiles exercise dominion and they that are great exercise authority but it shall not be so among you so that the very exercise of the power is prohibited if any should think that he meaneth only the â—…anny abuse of the power because he useth the compound words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luk doth sufficiently take away this objection when he useth the simple words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the scope of the place cleareth it also for the question unto which Christ returneth this answere is concerning primacy power and not concerning the abuse of the power So then whoever do acknowledge this court do approve in so far of this contradiction to Christ's command 5. The acknowging of this court would be upon the matter a justifying of all the Acts of persecution exercised against the worthles of old for avouching the Kingly office power of Christ declineing the civill courts in Church matters so a condemning of the Zeal of those worthies who hazarded life all which was dear to them in giving testimony against the incroachments made upon the crown and privileges of Christ as King But certanely a Christian tender of the glory of God of his cause which hath been is hated persecuted by his enemies would scarre at this 6. Particularly the acknowleding of this court would be a condemning of worthy precious Mr Rutherfoord Mr Dickson who declined the High commission and refused to passe from their declinature on any termes wherein they were singularly eminently owned of God approved by his testimony to their spirits And what tender Christian could do this 7. The acknowledging of this court is a clear breach of the first article of the league covenant in severall particulars as 1. the acknowledging of this court is an overturning of all the principles of Presbytâ—…rian Government so contrary to that oath whereby every one is sincerely really and constantly through the grace of God to endeavoure the preservation of the reformed religion of the Church of Scotland in doctrine worshipe discipline and government And that because 1. It is contrary to the principles of presbyterian Government to have Church power derived in whole or in part from any prince or potent at upon earth but only from Iesus Christ the sole King head of his Church 2. It is contrary to the principles of presbyterian government to have Church censures dispensed by any except Church officers 3. It is contrary to the principles of presbyterian government to have Church officers medling with civill affairs 4. It it contrary to the principles of presbyterian government to have any other Church judicatories then such as are allowed by the Gospell 5. It is contrary to the principles of presbyterian government to have Church power civill power confounded in-distinct 2. The acknowledging of this judicature would be a condemning of the work of reformation in part for this is one piece of the doctrine of the Church of Scotland one piece of the reformation viz. That Church officers should not meddle with civill power or places this was much looked to at the begining of the late work of reformation condemned both by Church and state Anno 1638 1639 1640. And therefore tender Christians could not do this sinne against God 8. The acknowledging of this judicature is a breach of the second article of the same league Covenant Upon this account that it is an acknowledging of the power of prelats in the highest degree of that power which ever they had in Scotland And next upon this account that it is an approving of that which is contrary to sound doctrine the power of godlinesse so a partaking of other mens sinnes a runing the hazard of receiving of their plagues expresly contrary to that article 9. As to the civill part of this court for it is a monster of judicatories viz. two distinct bodies under one head The acknowledging of it would be a crossing of the third article of the league Covenant upon a two fold account 1. In that it is a wronging of the rights privileges of Parliaments â—…o owne a judicature not approved established by any Act of Parliament old or late 2. In that it is a wronging of the liberties of the Kingdome to consent unto an arbitrary power assumed by the prince over them contrary to the fundamentall lawes of the land in setting up what judicatories he pleaseth without consent of Parliament without whose speciall warrant authority the meanest fixed court cannot be erected 10. It is a court unamimously condemned by the Church of Scotland in their assembly 1638. Act Sâ—…ss 14. upon very pregnant considerable grounds for they found that it had been erecâ—…d without the consent or procurement of the Kâ—…rk or consenâ—… the â—…states of Parliament That it did subvert the jurisdiction and ordinary judicatories assemblies of the Kirk sessions presbyteries provinciall and nationall assemblies That it was not regulated by lawes civill or ecclesiasticall but at the descretion and arbitrement of the câ—…mmissioners That it gave to ecclesiasticall persons the power of both tâ—… swords and to persons merely civill the power of the keyes and Kirk censures and therefore did prohibite the use and practice of it as being a court unlawfull in it self and prejudiciall to the liberties of Christ's Kirk and Kingdome and the King's honour in maintaining the Established lawes and judicatories of the Kirk Now how could any true member officer of the Church of Scotland acknowledge this judicature so unanimously dis-allowed condemned by that Church 11. The acknowledging of this court would be a clear breach of the nationall covenant as sworne subscribed Annâ—… 1638 1639. for in that covenant the land was sworne to resist all corruptions according to their vocation to the uttermost of that power which God had put into their hands all the
Printed records They declare that in their undertakings they should preferre no earthly consideration to their dutâ—…es for preserving of religion in Scotland in doctrine worshipe discipline government as it is already established to endeavvour to setle it in England Ireland according to the Covenant also in their answere to some committees of Shires they declare that they had nothing before their eyes in that undertaking but the preservation good of religion the endeavouring the setling of it in England Ireland according to the Covenant in the first place before all worldly respects his Maj. rescue from â—…his base imprisonment his re-establishment upon his throne in all his just powers the saiftie of this Kingdome from danger on all hands the preservation of the union brotherly correspondence betwixt the Kingdomes under the governement of his Maj. of his royall posterity according to the Covenant So that the gentleman the author of this pamphlet publisheth his mistakes to the world when he would inferre thus was this right that where our alleagiance binds us to duty to a greater latitude this should be held out to people as the only standard of their loyally duty to the King Was it found Doctrine to insinuat to the sense of intelligent men that we were not otherwise bound to defend him Was it well by such a clause to give occasion to wicked men to think they were no furder obliged to him then he should desend that which they accounted religion And that the folly of his consequencesmay furder appear it would be considered that there is a clear difference betwixt these two Owneing of the King defending his authority never but when he is actually owneing active for the cause interest of Christ And owneing of the King defending his authority alwayes but when he is in actuall opposition in a stated contradiction to the work interest of Christ So is there a difference betwixt these two Non-concurrence in defending promoveing of the King's authority when he is opposeing the work of God And actuall anulling diminishing or utter overthrowing of his power authority when he is so stated And so when the Covenanters say That they are not bound to contribute their power in their places capacities to promove or defend his Maj. power authority when he is in a stated opposition to the work of God when the advanceing of him to his full power authority would cetanely tend to the ruine desruction of the cause people of God yet they do not say that they are never bound to defend him but when he is actually promoveing advanceing the work of God according to his full power place Nor do they say that when he opposeth the work of God they are at liberty to destroy his person or to spoile rob him of all his just power authority And therefore both that clause in the Covenant their proceedings may be abundantly justified without laying down any ground for the taking away of the late King's life without clashing with or contradicting the confessions of protestant Churches or of their owne soâ—… still they acknowledge that difference in Religion doth not make void the Magistrat's just legall Authority not free the people from subjection But that this may be a little more clear let this example be considered A Father turneth phrenticke mad seeketh to destroy the whole family calling for a sword liberty to execute his cruelty His sones rise up binde his hands withhold the sword from him withall sweare to stand together in their own defence to defend their Father's just right power in the defence of the family Now in this case can any say that they were undutifull children or that their covenanting so adding that clause in the Covenant sayeth they were free to cast off the relation that is betwixt him them except he guide the family in all poynts as they would have him doing No in no wayes Here then it is clear that their refuseing to put the sword in their Father's hand while under this distemper is no act of undutifulnesse It is no lessening of the Father's just power over the family nor doth it say that they thinke themselves not bound to owne him as a Father except when he is actively promoveing the good of the family far lesse doth it say that they think because of this distemper they may destroy him or that the relation betwixt them him is broken up for ever So then though this Advocat thought he had a faire sield to walk upon a faire occasion to vent his anger against that Church to make her odious to all Churches about yet wise men who easily see that there is no such strong relation betwixt King subjects as betwixt Parents Children will acknowledge that his ranting is without reall ground And that Scotland in their treaties with the King at the Hage at Breda in their actions at home did nothing but what they may hold up their faces for both before God Man doing nothing herein which either contradicteth their own confession of faith or the confession of faith of other Churches Not their own confession of faith For if the large confession of faith be viewed which was approved by the Parliament insert in their registres In that head of the civill Magistrate these words shall be found We confesse and avow that such at resist the supreme power doing that thing which appertaineth to his charge do resist God's ordinance and therefore cannot be guiltlesse furder we affirme that whosoever deny unto them their aide counsell and comfort whiles the Princes and rulers vigilantly travell in execution of their office that the same men deny their help support and counsell to God who by the presence of his lifetenant doth crave it of them So that all the resisting which is there condemned is resisting of him while doing his duty executing his office not while he is seaking to destroy Religion the interests of Christ. Nor the confession of other Churches for in the former confession of Helvetia upon that head of the civill Magistrate they say as it is in the English edition We know that though we be free we ought wholly in a true faith holily to submit ourselves to the Magistrate both with our body and with all our goods and endeavour of minde also to performe faithfulnesse and the oath which we made to him so far forth N. B. as his government is not evidently repugnant to him for whose sake we do reverence the Magistrate So the French in their confession Art 40. say 〈◊〉 must willingly suffer the yocke of subjection although the Magistrats be infidels so that N. B. the soveraigne Authority of God do remaine whole and entire and nothing diminished And which is worth the noticeing the practice of
Scotland in this is consonant to the profession of the Parliament Anno 1648. which did Act most for the King his interest preferring it to the interest of Christ who in their declaration Aprile 29. insert in their Registres Act 17. say That they resolve not to put in his Maj. hands or any others whatsoever any such power whereby the forsaid ends of the Covenant or any of them may be obstructed or opposed Religion or Presbyterian government endangered But on the contrary before any agreement or condition be made with his Maj. having found his late concessions offers concerning religion not satisfactory that he give assurance by his solemne oath under his hand seal that he shall for himself his Successours give his Royall assent agree to such act or acts of Parliament or bills as shall be presented to him by his Parliaments of both or either Kingdoms respectivè for enjoyning the League Covenant fully establishing presbyteriall government directory of worship confession of faith in all his Maj. Dominions And that his Maj. shall never make any opposition to any of these nor endeavour any change thereof What this Author sayeth more in the three last Pages of his pamphlet is but partly a repetition of what he said before so is answered partly obviated by the preceeding discourse SECTION XXIII The nationall Covenant vindicated from the exceptions of the author of the seasonable case caet HIs plea against the Solemne league Covenant being thus examined In the next place his exceptions against the nationall Covenant pag. 30 31. c. must be considered This Covenant is not abjured in the declaration simply in it self but as it was sworne explained in the year 1638. thereafter And so the maine ground whereupon this Covenant is cast off is because of that explication which was then added in which therewas mention made of some things which were referred unto the Generall assembly in these words forbearing the practice of all novations already introduced in the matters of the worshipe of God or approbation of the corruptions of the publick governement of the kirk or civil places or power of kirkmen till they be tryed allowed in free generall assemblies in parliaments And then after the generall assembly had examined these particulars explained the true sense meaning of the Covenant this conclusion was added The article of this Covenant which was at the first subscription referred to the determination of the generall Assembly being determined And thereby the five Articles of Perth the government of the Kirk by Bishops the civill place power of Kirk-men upon the reasons grounds contained in the Acts of the generall Assembly declared to be unlawfull within this Kirk we subscribe according to the determination foresaid Theforesaid pleader for Eaal when he is produceing his grounds against the validity of this oath pitcheth only upon one of these three particulars mentioned viz. the government of the Church by Bishops in reference to this he attempteth two things in his confused discourse 1. He would if he could prove that by this oath as it was at first conceived Anno 1580. 1581 renewed Anno 1590. the governement of the Church by Bishops was not abjured And 2. That the Assembly Anno 1638. did wrong in giving such a glosse sense as they did But he must be followed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lest any thing should escape first what he bringeth to prove that Prelacy was not abjured by this Covenant must be examined He sayeth That if the Ministers who reasoned with the Doctors of Abâ—…rdeen be to be beleeved they were the prime promotters of the Covenant carryed with them the sense of the body of the Covenanters they who subscribed that Covenant knight with great liberty voice in an Assembly concerning Episcopacy without prejudice notwithstanding their â—…ath upon this ground would perswade the Doctors to subscribe the Covenant because in so doing they should not be taken as abjureing Episcopacy as the Doctors thought And he referreth his reader unto their answer unto the 4. 10. demands Unto which it is Ans. 1. That this is but the old answere brought on the field againe for it was alledged by the Prelats in a pamphlet â—…n 1638. emitted under the name of his Maj. commissioner as most if not all which he here alledgeth is borrowed out of that pamphlet what answers were then given may now suffice Viz. That these Ministers who reasoned with the Doctors of Aberdeen denyed indeed that Episcopacy was expresly specifically abjured in the later part of the Covenant which was the addition containeing the application unto the present times But did never say that it was not abjured in the negative confession or nationall Covenant Now it was about that application addition that the debate arose betwixt these Ministers the Doctors The Doctors never refused to subscribe the negative confession as it was called or the Covenant drawne up Anno 1580 1581. for when the privy Councell did emit a declaration enjoyning all to take the Covenant as it was taken Anno 1580 1581 1590 1591. as others did not so neither would they have scrupled at the same But they alwayes refused to subscribe to that part which was added and one of the grounds why they did scruple at the subscribeing of that was this They thought that by that addition they should be bound expresly directly specifically to abjure Episcopacy the ceremonies of Perth which as they sayd they could not in conscience do Because then they should not have liberty to vote freely according to their judgments Concerning those things in the Generall Assembly And unto this the Ministers answered that the words of that addition were purposely so contrived as none might scruple upon that account And indeed as to Prelacy the words run thus that they should forbear the approbation of the corruptions of the publick Government of the Kirk And the reason was because there were severall honest well minded people in the land who could not distinctly clearly see that the ceremonies the Government of the Church by prelats were directly contrary to the confession of faith abjured therein But were waiting for light in those matters from the ensueing Generall assembly who they knew could give most clearnesse in the matter of fact And could best show what was the Government of the Church at that time when the nationall Covenant was first subscribed And also what was the meaning of the reformers as to severall particulars in that Covenant So then though it be true that by taking of the oath or swearing that additionall explication Anno 1638 No man was bound up from reasoning debateing nor from free voteing in the matter of prelacy in the nationall Assembly Yet it will not follow that prelacy was not abjured by the negative confession or nationall
Covenant for though the sense meaning of the oath Anno 1581 Was not alike clear unto all Anno 1638. Either as concerning prelacy or ceremonies Yet the Covenant did strick against those as was afterward cleared The Covenant hath still one sense meaning though such as did live fifty eight yeers after it was first drawn up could not alike see it discerne it It was but little wonder that at such a distance of time after so many revolutions the true sense meaning thereof could not be so obvious unto all As to overcome all doubts scruples And therefore it was prudently resolved to suspend their approbation of those particulars till they were tryed in free assemblies And indeed so soon as the Assembly 1638 Did search into the businesse cleare the true meaning of the Covenant according to the sense of the reformers all scruples were loosed the people did chearfully assent unto the Assemblies determination For then they saw that by that Covenant The Ceremonies of Perth Assembly the Government of the Church by prelats were abjured And it may be supposed that this author will not be so bold as to say that ever after that assembly wherein that businesse was cleared any said that such as took that Covenant were left at liberty to vote for prelacy or for the ceremonies So then this author bewrayeth much ignorance or maliciousnesse or both when he thus argueth as he doth Let him read the answers of those Ministers in these places cited by himself he shall be able if he will to see his mistakes One of the grounds whereupon the Assembly 1638. did determine that Episcopacy was abjured by the Covenant which was sworne Anno 1580. c. was taken from these words in the Covenant his wicked hierarchy as may be seen at the end of their act sess 16. And to this he answereth thus This imports not the abjuration of the office of a Bishop more then the office of a presbyter or deacon which are parts of the hierarchy as well as Bishops but only the abjuration of the hierarchy so far as it was the pop's as it abjureth the five bastard sacraments So far at he maketh them sacraments So then the dependence of these offices on him as the head of the Church under Christ is abjured also the corruption adhereing to these offices and as they flow from him and are his as is his blasphemous priesthood And not the offices themselves And therefore the office of a Bishop among protestants Bishops being now loosed from that dependence upon the sea of Rome is no part of the pope's hierarchy This is the summe of his long discourse and it may be shortly answered thus That if the abjureing the hierarchy import the abjureing of the offices which are parts of the hierarchy in so far as they depend on him are corrupted by him then it will fully import the abjureing of prelats Because prelats depend on him as well in esse as in operari therefore they must be abjured with this wicked hierarchy It is well known that at the Councell of Trent the Pope would not suffer it to be debated whether Bishops were juris divini or not the Historian Peter Suave addeth the reason viz. lest if it should be determined that they were juris Divini they should not so depend upon him as they did he would have them continueing to do So that hence it is clear that the Pope acknowledgeth that they depend upon himself alone even in their being have no other ground to stand upon therefore when his hierarchy is abjured they in their essence being are abjured It is true if he or any of his fraternity had ever demonstrated out of the word of God that Christ or his Apostles did ever institute such an officer distinct from a preaching presbyter as in the prelate as may be done concerning the Presbyter c the deacon as himself will readily grant Then indeed it would follow that the abjureing of the pope's hierarchy would import no more then the abjureing of those corruptions which Attend those officers as these which attend presbyters deacons as they depend on him as the abjureing of his five bastard sacraments importeth not the abjureing of marriage in it self being an ordinance of God but only as it was abused by him to be a 〈◊〉 But seing it is not yet proved nor undertaken by this author to be proved nor was ever asserted by the reformers oâ—… that Church no not by Mr Craig the penner of the Covenant That Prelats as superiour unto distinct from preaching presbyters are officers of God's appoyntment certanely when they are abjured they are simply abjured So that till he demonstratively cleare That Christ or his Apostles did institute Bishops distinct from preaching presbyters he must acknowledge a difference betwixt them presbyters deacons as to the matter of abjureing them And so when all those three are abjured they cannot be abjured after one the same manner But the office of presbyters deacons are abjured in respect of their abuse that is the abuse corruption which adhereth to these officers as they are made parts of the hierarchy is abjured But when prelats are abjured not only is their abuse or the corruption adhereing to them abjured but the very use is abjured for the use of an officer not appoynted of Christ is an abuse and Prelats as to their being depend only on the pope But sayes he Bishops now being loosed from that dependence from the sea of Rome the Pope who as head of the Church claimed a plenitude of power over the whole Church made all Christian Bishops and Ministers but as his slaves vassels portioning out to them such measure of jurisdiction as he thought sit as their stiles in this countrey imported of old Ego N. Dei Apostolicae sedis gratiâ Episcopus the office of a Bishop is no part of the wicked hierarchy Ans. This was sufficiently answered by the nationall assembly 1638. in the forecited Act where they said And howbeit this hierarchy be called the antichrists hierarchy yet it is not to distinguish betwixt the hierarchy in the popish kirk and any other as lawfull but the hierarchy wherever it is is called his as the rest of the popish corruptions are called his viz. Invocation of saints canonization of saints dedication of altars c. are called his not that there is another laâ—…full 〈◊〉 and canonization of saints or dedication of Altars So that the Bishops their casting off the Pope as the head of the Church will not bring them out from among the officers parts of that wicked hierarchy In so far as protestant Churches admit of prelats in so far they are unreformed from popery this being one 〈◊〉 betwixt papists protestants It was the prelates their depending on the Pope that made the scottish reformers condemne them as his
jurisdiction being exercised by Bishops or superintendenss or commissioners And these Though the assembly quarrelled them were reall Bishops And would the King by his oath abjure that Church Government which was not rejected by the Church till Iuly 12. 1580. And in the yeer 1581. Though the King Councell had presented the confession to the Assembly to be subscribed by them by the people in their parisâ—…es yet that very same yeer within six moneths thereafter there is an act of councell confirming expressly the agreement at Leth 1571. And this act of Councell the King did openly avow in the businesse of Montgomery Now it is not probable that the King Councell if they intended to abjure episcopacy by the confession would within six moneshs confirme that agreement at Leth. Ans. 1. It hath been shown but just now that severall yeers before the yeer 1580 The Generall assemblies of that Church were declareing themselves against prelats their power were acting so far as lay in their power and that was much considering what opposition they did meet with for presbyterian government 2. It is certaine that Church Government by prelats was never approved by any of the generall assemblies in those dayes 3. Though before the yeer 1580. The Assembly did not formally passe an act against Episcopacy Yet was it not equivalent when Anno 1577. 1578. The second book of discipline which overturneth the Government of the Church by Bishops was approved 4. This same act of the Generall Assembly at Dundee was before the subscribeing of the Covenant For it was in Iuly the Command for subscribeing of the Covenant came not forth till the 2 March thereafter that 2d of march was said to be Anno 1580. as well as Iuly before because at that time the denomination of the new yeer did not begin in Scotland untill the 25 of March so it is his mistake to think that the Covenant was enjoyned to be subscribed six moneths before the Act at Dundee 5. Whereas he sayes that An. 1580. there was no such thing in Scotland as government by presbyteries if he meane that that government was not setled thorow the whole Kingdom he speaks truth but nothing to the purpose but if he meane that in no part of the countrey there was any such government he is mistaken for at the assembly Anno 1578. there was mention made of presbyteries for amongst the articles which this assembly drew up to be subscribed by those prelats whom they had caused cite before them this was one viz the 6. that they should not Empire over elderships but be subject to them the 7. was that they should not usurpe the power of presbyteries So that there were presbyteries in the land at that time Yea the narrative of the 131. Act parl 8. King Jam. 6. Anno 1584. maketh mention of sindry formes of judgments jurisdictions as well in spirituall aâ—… temporall causes entered in practice and custome and that dureing 24. yeers by past those formes of judgments jurisdictions in spirituall causes were assemblies Synodall presbyteriall parochiall all which were discharged by that Act And hence it is clear that there were such judicatories in the land before the yeer 1580. Moreover at the Assembly 1579. there was a motion made about a generall order to be taken for erecting of presbyteries in places where publick exercise was used untill the policy of the Church were established by law it was answered that the exercise may be judged to be a presbytery So that the Kingdom at that time was not without presbyteries Yea their frequent nationall assemblies shew that the Church was governed presbyterially 6. This is certane That there was some government of the Church sworne to in that Covenant for there are these word in it That we joyne ourselves to this reformed kirk in doctrine faith religion and discipline promiseing and swearing by the great name of God that we shall continue in the doctrine and discipline of thiâ—… Kirk and defend the same according to our vocation and power all the dayes of ourlife Now all the difficulty is to know what this government was And it is certane That either it was the government by presbyteries or the government by prelats It could not be the government by prelats 1. because that was not the government discipline of the Kirk but the government discipline against which the Church had been striveing with all heâ—… might 2. It is not imaginable that the Ministery of the land would swear to defend the government of the Church by prelats all the dayes of their lives when they were usâ—…ing all meanes to have the Church free of that yoke 3. When the confession of faith was presented unto the gen assembly to be subscribed by them An. 1581. would they have assâ—…nted unto the same if thereby they had been bound to maintaine prelacy seing at their very last meeting they had made such an expresse Act against prelats 4. When the Laird of Caprinton his Maj. commissioner did presente unto the generall Assembly the confession of faith or nationall Covenant he presented withall from his Maj. a plot of the severall presbyteries to be erected in the Kingdome mentioning the presbyteriall meeting places designeing the severall parishes which should belong to such such presbyteries As also a letter from his Maj. to the noblemen gentlemen of the countrey for the erection of presbyteries consisting of Ministers elders for dissolution of prelacies may not any hence argue after the author's manner say is it any way probable that the King Councell if they intended to establish prelacy by the confession of faith would in that self same day which is a shorter timâ—… then halfe a yeer wherein â—…he confâ—…ssion was presented as subscribed by the King his houshold to be subscribed by the assemby presente such a plot for presbyteries thorow the whole Kingdom c Let this advocat answere this if he can It must then be an undoubted truth That the government sworne to in that nationall Covâ—…nant was presbyterian government 7. And whereas he sayeth the King within Six moneths thereafter did stand to the agreement at Leth avowed it in the businesse concerning Montgomery it will not say much if it be considered how at that time Aubignee grew great at couâ—…t as was shown above Sect 1. Obtained the superiority of Glasgow made a paction with Montgomery And when the Church judicatures were examineing the carriage of this Montgomery first last he stirred up the King against them what will all this say But that Kings had need of faithfull constant counsellours about them lest they be made to undoe their owne works in a short time There was many a change at court as contrary parties gote up so was the King sweyed He addeth That neither did tâ—…e assembly or any Minister speak of that deed of the
governement was which by this covenant they were bound to owne to continue in consequently what governement was abjured thereby Therefore all the difficulty is to know what that government was which the Church did owne yet there is no difficulty here for it is as clear as the sun at noonday that it was Church governement by presbyteries Synods assemblies which they both before at after that time did owne defend till it was violently taken away And if the citations of the assembly 1638 will amount to this they will sufficiently declare that Episcopacy was abjured at that time And whether their citations shall do so or not the indifferent reader may judge when he hath considered laid together these two twenty particulars into which the citations shall be branched forth 1. When the Church had been wreâ—…ing could not prevaile against Bishops from the yeer 1571 unto the yeer 1575 being continually wearied with complaints given in against them they entered at last into a search of the office it self did agree in this that the name Bishop was common to every one who had a particular flock to which he preached administrated the sacraments so it could not designe a distinct officer 2. Anno 1576. the assembly did censure such prelats as had not betaken themselves to some particular flocks 3. In the assembly 1578 the second book of discipline was unanimously agreed upon 4 At another assembly that same yeer the moderator told Montrose Chanceler Seaton Lindsay That they had drawn up out of the pure fountaine of God's word such a discipline as was meet to remaine in this kirk 5. At that same assembly it was ordained that such as were called Bishops should be content to be pastours of one flock should usurp no criminall jurisdiction should not vote in Parliament without a commission from the kirk should not Empire over their particular elderships should not usurpe the power of presbyteries 6. An. 1579 The assembly judgeth that every meeting for exercise might be accounted a presbytery 7. An. 1580. after deliberation it was found that the office of prelats was pretended had no warrand in the word And they ordained that such should dimit Leave the samine as an office unto which they were not called of God this was before as was said above the subscription of the Covenant 8. The same assembly sendeth some commissioners to his Maj. desireing that the book of policy might be established by an Act of Councell untill the meeting of a Parliament 9. In the assembly 1581. At Glasgow the Act of the former assembly at Dundee was explained iâ—… was showne that thereby the Church did condemne the whole state of Bishops as they were then in Scotland 10. At this assembly the confession of faith was presented the plot of presbyteries with the King's letter to the noblemen gentlemen of the countrey for furthering the erection of presbyteries thus at the very presenting of the confession to the assembly to be subscribed the King the assembly agree in one judgement as to the governement of the Church viz. That it should be presbyteriall according to this harmonious desire presbyteries were erected in severall places 11. In that same assembly The second book of discipline was insert in the registres of the Church immediatly after the Covenant was insert That all posterity might see that the governement which they swore to maintaine owne in the confession or Covenant was the same which was contained in the book of discipline thus that book of discipline the confession or Covenant did harmoniously accord 12. Anno 1581. The assembly would not suffer Mr Montgomery Minister at Sterlin to become bishop of Glasgow but commanded him to waire on his Ministery at Sterlin under the paine of excommunication 13. In the same assembly it was acknowledged that the Estate of Bishops was condemned by the kirk a commission for erecting of moe presbyteries was granted and a new ordinance made for subscribeing the Covenant can any man now doubt what that government was which the Church in those dayes owned by that Covenant 14. Anno 1582. a new commission was granted for erecting of moe presbyteries Mr Montgomery for usurping the place of a bishop was ordained to be excommunicated for presbytery prelacy are incompatible 15 In another assembly that same yeer commission was given to some presbyteries to try censure such as were called bishops and some were sent unto the Councill to desire their approbation of an Act for establishing of presbyteries Synods assemblies did the Church incline any thing to prelacy then 16. Anno 1586. It was determined at an assembly that there are no other Church officers set down in the scripture beside Pastors Doctors Elders Deacons that should be in the Church now 17. Anno 1587. It was ordained at an Assembly that the admission of Mr Montgomery suppose but to the temporality of the bishoprick of Glasgow should be annulled with all possible diligence that slander might be removed from the Church 18. In the same Assembly there was a letter drawn up unto his Maj. shewing that they found the office of bishops not agreable to the word of God but damned in diverse assemblies 19. Anno 1590. when the confession or Covenant was subscribed universally of new the assembly desired a ratification of the liberties of the Kirk in her jurisdiction discipline in presbyteries Synods and generall assemblies 20. It was ordained also that all intrants should subscribe the book of discipline especially the heads controverted also all who were presently in office under the paine of excommunication 21. In the assembly 1591. the forementioned Act was renewed 22. Anno 1592. commissioners were sent to attend the Parliament to desire a rescindeing of the Acts of Parliament Anno 1584. made in prejudice of of the Church a ratifying of the discipline of the Church both which were granted now the reader may judge from these particulars what was the sense of the Church of Scotland at that time of the confession or Covenant whether these citations amount to any thing or not And whether or not this author had any reason to slight undervalue so far as he doth the paines taken by that reverend Assembly to cleare the oath according to the sense of those who first took it But he addeth That Episcopacy was not accounted unlawfull even in the judgment of the assembly of the Church within Six yeers after where it was declared That the name bishop hath a speciall charge function thereto annexed by the word of God and that such may be admitted to a benefiâ—…e Ans. It is true Anno 1586. there was a conference drawn on at Haly rude house by the King betwixt some Ministers some whom he did commissionat which did conclude that the Bishop should have a care of one flock That he
should have some choise brethren added without whose counsell he should do nothing under the paine of deposition That his doctrine should be examined by the meeting if it were sound unsound he should lose his place That his power should only be the power of order not of jurisdiction That withall he should have inspâ—…ction over moe parishes that every Minister who was to enter should have his approbation the approbation of those Ministers who were to be joyned with him c. But when the assembly did meet in May thereafter these were not assented unto But it was only concluded That the bishop being a pastour as other ordinary Ministers should be tryed by the presbytery Synod in matter of doctrine conversation And be subject unto the Generall assemblies when the commissioners who were sent from his Maj. did hear of this they dissented protested that nothing concluded should stand in force seing thâ—…y had passed from the Articles And this occasioned a â—…w conference where that was concluded which this author mentioneth withall they did proceed to set down the order of the presbyteries Now lest any should stumble at this change in the Assembly let it be considered That two yeers before this there was a strange change at court for Arran ruled all nobles were banished ministers were forced to flee others imprisoned then the Prelats got up their heads Montgomerie was made Bishop of Glasgow one Mr Adamsone made Bishop of Saint Andrews And Ministers were compelled to promise under their subscription obedience unto them to consent unto many other acts of iniquity under the paine of banishment confinement imprisonmâ—…nt deposition sequestration of stipends this course continued till near the end of the year 1585. When the exiled nobles returned though a new Parliament was called the King would not repeale any act which was made in prejudice of the Church the yeer before Yet at length he professed some desires to have the Church settled called for that conference at Halirudhouse Now what wonder was it that when all was overturned Prelats established by Parl. in their full power that the Church should take little ere she wanted all should condescend to some things of purpose to get the power of prelats hemmed in hopeing when this furious tempest was fully blowne over that she should be in a better capacity to promove her work And withall it may be seen that she holdeth as much as she can mindeth the work of the presbyteries notwithstanding of the lawes of thâ—… land as yet unrepealed standing against her So that hence it appeareth that they never once thought of retracting the act at Dundee as he would make his reader beleeve And it would be considered likewise that at this Assembly there were severall of these Ministers present who Anno 1584. had subscribed unto the prelats And further it is considerable That for as great a length as they went Yet Sess. 6. They declared that there were only these Church officers Pastors Doctors Elders Deacons And that the name Bishop should not be taken as in the time of popery but is a name common to all pastours and Sess. 10. 11. They declared that by a Bishop they meane only such as the Apostle doth describe The last thing which he sayeth is this No Assembly can puâ—… an obligation upon persons who have taken an oath personally to accept of the sense which they put upon it It is true the assembly at Glasgow could declare their sense of the oath taken by themselves but could not impose their sense upon the takers of the oath before that sense not havâ—…g been given to the takers of the oath by the imposers of the same â—…e takers of the oath not having impowered these commissioners at Glasgow to declare their sense of that oath they had taken So then whatever was done 〈◊〉 Glasgow after the Covenant was taken by the body of the land could not oblige all the takers of it to owne their declaration of the sense of the Covenant which was not at first imposeing the oath declared unto them To let passe his bitter reflâ—…ctions not worth the transcribeing upon that venerable assembly at Glasgow 1638. The like where of would make him all his fraternity to tremble Ans. 1. The Assembly at Glasgow did impose no sense of theirs upon any man either who took the Covenant before or thereafter only because to them as the representative of the Church the publick judiciall interpretation of the Covenant or confession of â—…aith did properly belong they made search after the true sense meaning of the oath did declare make it appear to all by undenyable arguments as hath been showne that they had found out the true sense meaning thereof what was the sense of the Church of Scotland when it was first imposed And was there any wrong here 2. Such as had renewed that Covenant at that time had taken it with the explicatory addition did swear to forbear the approbation of Church Government by prelats untill the Generall Assembly should try whether that Government was abjured by the Covenant or not And was not that a sufficient impowering of the Assembly to declare the true sense thereof But what would this author gather from all thiâ—… He concludeth that Whatever the Assembly at Glasgow did after the Covenant was taken by the body of the land could not oblige all the takers thereof to owne their declaration of the sense of the Covenanâ—… Ans. Though their deed could not oblige the body of the land to owne their sense yet the Covenant it self did oblige them the body of the land did then see themselves obliged by the declaration of the true sense of the Covenant which they gave And what necessity was there for more The Assembly never offered to give a sense of their own which had not been heard of before For that had been intolerable but according to their place duty they for the good of theland satisfaction of the Covenanters search out of the â—…hentick records of the Church what was the sense meaning of the Church at that time when the Covenant was first taken which every privat person could not be so able to do which necessity did require to be done because of severall doubts which were raised there about He addeth the body of the land hath not indeed abjured Episcopacy by that nationall Covenant Neither the Covenant nor added interpretation doth import any such thing Ans. This is a strange thing how can this be seing the body of the people of the land took that Covenant by which when first taken by the body of the land prelacy was abjured It is true some who took the Covenant then being unclear in a matter of fact which had been done some fifty or sixty yeers before in trying searching out of which there
he may not execute the fiercenesse of his anger nor returne to destroy Ephraim seing he is God not man For he is a God who is gracious long suffering slow to anger of great kindenesse repenteth him of the evil who knoweth if he will returne repent leave a blessing behinde him That poor Church will be very far disappoynted of â—…et expectation if in stead of Christian sympathy pity compassion she shall meet with unbrotherly unchristian dealing at the hands of any if there shall be any such as will be ready to condemne her as suffering upon very slender inconsiderable grounds as it will be no small matter of grief sorrow unto the already sorrowfull mourning Church yea an addition unto her affliction so it will yeeld these little comfort in the day when the cup shall passe over unto them to reflect upon their unchristian thoughts sharpe censures of a poor member of Christ's body while lying under the feet of oppressours such as said to her soul bow down that we may goeover It is true the infinitly wise God hath thought fit to try that Church with more searching tryalls then he did England Irland it was the policy of her adversaries to beginne with such small things to the end they might get such as they desired drawne into their net then they weresure piece piece to get them brought alongs to countenance them in all their courses as sad experience hath proved For some who at the first resolved to goe some length for peace cause having no purpose to move one foot further to whom if it had been then said that ere all were done they would go such a length as now they have gone with Hazael they would have replyed are we dogs to do such things are now going all the length desired scrupleing at nothing which is a warning to all to beware of the beginnings of a defection And indeed for as great as the defection apostasie in that Church is at present for as great a conspiracy as is found among her prophets If the tryall had been nothing more searching then that wherewith the Neigh bour Churches were tryed there would not have been so many that would have depairted from their former principles as there are this day And therefore it was a mercy unto many in these Neighbour Churches that their sieve was not more narrow searching it is no small mercy unto particular persons when they see their enemies in their owne colours the baite is not able to cover the hook wherewith their adversaries think to catch them And it is likewise a mercy will be so found acknowledged in end unto the Church of Scotl that God hath followed such a way with her as shall prove most discovering consequently most purging by making her drosse to appear bringing to light in a short time more corruption â—…aughtinesse then in all probability would have been found out many a yeer if God had not taken this course But now let none blame those who have desired to keep their garments clean to adhere zealously constantly unto their former principles therefore have refused complyance in the least would not willingly quite with a hoof or sell a bit of the precious truth of God There is a time when such things are very momentous considerable which at other times seem not to be of much concernment Armies may yeeld more unto their enemies at another time place then when they are keeping a considerable passe the loseing of which would prove of great disadvantage unto themselves an in-let unto all the enemies forces There is a time when such things must be stood at which if abstracted from that time place would signifie little or nothing whether done or not done The giving of a book or of a piece of paper out of the hands of the martyres was at that time as so circumstantiated a maine businesse when they were upon the poynt of avouching truth for God A little matter when it becometh Casus confessionis is of great moment Mordecay's beck is no small matter Daniel's closeing of his windowes is a great businesse as it was then circumstantiated And doolfull experience in all ages hath made it appear what mischief hath followed upon yeelding unto the adversaries in small-like matters in the begining of a defection what through inadvertancy what otherwayes by little little the pope came to his throne not in one day by little little came prelats formerly to their height in that Church therefore as before so now the honest party thought themselves called of God to withstand beginnings not to cede in the smallest-like matters when they saw that the opening of never so smal a passage would be enough to occasion the drowning of all as according to the proverb the brunt child doth scar the fire so that Church cannot be blamed for keeping such a distance from that plague of prelacy which formerly had brunt up consumed all the vitals of religion the whole power of Godlinesse had made that Church to look like an harlot not like the spouse of Christ Especially after God had wrought such wonderfull deliverances unto her had graciously delivered her from that yron furnace with his out-stretched arme had brought downe all her enemies Should they againe break his commandements joyn in affinity with the people of those abhominations would not God be angry with them till he had consumed them so that there should be no remnant nor escapeing And it is very remarkable that there are none who have hitherto rued their suffering upon that account but rather they are all blessing the name of the Lord for that he hath keeped them from yeelding in the least And though their adversaries the prelats be useing barbarous inhumane let be unchristian wayes to afflict them still more more by procureing acts to be made dischargeing any Charity to be extended to them or their families who are now suffering for the cause of God Yet they have no cause to compleane God for whose sake they are suffering is provideing for them with all is comforting them with the consolations of the Holy ghost supporting their spirits keeping them from fainting encourageing them so that they resolve through his grace never to comply with these workers of iniquity lest they partake of their judgments Yea they are perswaded that if any members of the Christian Churches abroad who had the root of the matter within them were in their souls stead they would no more comply with this present course of defection then they have done or desire to do So that what ever can be looked for from men of corrupt mindes such as are enemies to the truth to the power of godlinesse Yet they are sure that such as know what it is to walk with